HomeMy WebLinkAboutAgenda Packet 2005/09/13
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CllY OF
CHULA VISTA
Stephen C. Padilla, Mayor
Patty Davis, Couneilmember David D. Rowlands, Jr., City Manager
John McCann, Couneilmember Ann Moore, City Attorney
Jerry R. Rindone, Couneilmember Susan Bigelow, City Clerk
Steve Castaneda, Counei Imember
September 13, 2005
6:00 P.M.
CALL TO ORDER
Council Chambers
Public Services Building
276 Fourth Avenue
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY FIRE CHIEF PERRY OF THE EMPLOYEE OF THE MONTH,
JOHN P. HESS, FIREFIGHTER
. INTRODUCTION BY PAULA BROWN PEELING, ASSISTANT LIBRARY
DIRECTOR, OF THE TOP READERS FROM THE SUMMER READING PROGRAM
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAN
BEINTEMA, NATURE CENTER DIRECTOR, PROCLAIMING SEPTEMBER 19
THROUGH SEPTEMBER 25, 2005 AS NATIONAL POLLUTION PREVENTION
WEEK
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CARLOS
BEJAR, DISASTER PREPAREDNESS MANAGER, PROCLAIMING SEPTEMBER
2005 AS NATIONAL PREPAREDNESS MONTH
CONSENT CALENDAR
(Items 1 through 19)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed after Action Items.
1. WRITTEN COMMUNICATIONS
A. Memorandum from JoAnn Jonas, Staff Liaison to the Youth Advisory
Commission, regarding the resignations of Yazmin DeSaracho and Patricia
DeSaracho, members of the Youth Advisory Commission.
Staff recommendation: Council accept the resignations and direct the City Clerk
to post the vacancies in accordance with the Maddy Act.
B. Letter of resignation from Eloy Ledesma, member of the Youth Advisory
Commission.
Staffrecommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO.
2898, RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
PROGRAM FOR OTA Y RANCH VILLAGE 11 (SECOND READING)
The original Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village
11 was created to finance half of the construction cost of two pedestrian over-crossings
for the Otay Ranch Village 11, the Hunte Parkway over-crossing and the Eastlake
Parkway over-crossing. The remaining cost of the pedestrian over-crossings will be
funded by the adjacent projects as a condition of development. Adoption of the ordinance
approves an update to the Pedestrian Bridge Development Impact Fee Program for Otay
Ranch Village 11 to account for construction cost increases. This ordinance was
introduced on August 23, 2005. (City Engineer)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO
THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND
LAND USE DISTRICTS MAP FOR 13.3 ACRES AT THE NORTHWEST CORNER
OF MILLER DRIVE TERMINUS AND EASTLAKE PARKWAY (SECOND
READING)
The applicant, Sudberry Properties, Inc., has submitted applications to amend the City's
General Plan and EastLake Planned Community Regulatory documents to change the
land use designation of approximately 13.3 acres at northwest comer of EastLake
Parkway and Miller Drive from Research and Limited Manufacturing to Retail
Commercial. This ordinance was introduced on August 23, 2005. (Director of Planning
and Building)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT
TO THE OTAY RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN RE-ZONING A PORTION OF NEIGHBORHOOD R-2 FROM SF-4 TO RM-l
ON THE LAND USE DISTRICTS MAP, AND MODIFYING THE PLANNED
COMMUNITY DISTRICT REGULATIONS FOR ENTRY FEATURE SETBACKS IN
THE RM-l ZONE (SECOND READING)
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September 13, 2005
Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven
Sectional Planning Area Plan Land Use Districts Map, re-zone a portion of
Neighborhood R-2 from SF-4 to RM-l, and modify the Planned Community District
Regulations for entry feature setbacks in the RM-l zone. This ordinance was introduced
on August 23,2005. (Director of Planning and Building)
Staffrecommendation: Council adopt the ordinance.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING AN ALTERNATIVE VERSION OF THE CITY LOGO; AMENDING
COUNCIL POLICY NO. 100-01; AND ADOPTING THE HANDBOOK ENTITLED
"USING THE LOGO PROPERLY" TO SUPPLEMENT COUNCIL POLICY 100-01
REGARDING USE OF THE CITY LOGO AND SEAL
Adoption of the resolution provides an alternative option for use of the adopted City of
Chula Vista logo. (Director of Communications)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 24,2005, AND WAIVING ASSOCIATED FEES FOR
POLICE SERVICE AND TRANSIT BUS SERVICE (Continued from August 23, 2005)
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBP A), is requesting permission to conduct the 33rd Annual
Bonitafest on Saturday, September 24, 2005. (Chief of Police)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING ICMA VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS)
PLAN AS ALLOWED BY PRIVATE LETTER RULINGS ISSUED BY THE
INTERNAL REVENUE SERVICE
The continuing increase in long-term care and prescription drug expenses means that
retirees are increasingly responsible for growing medical costs. The City of Chula Vista
offers a retiree health benefit savings plan to all benefited employees through ICMA's
VantageCare Retirement Health Savings (RHS) Plan. RHS is a health benefit savings
vehicle that allows employees to pre-fund their medical needs during retirement or upon
separation from City service. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DIRECTOR OF RECREATION TO EXECUTE PERMITS TO
AGENCIES PROVIDING SERVICES AND UTILIZING OFFICE SPACE AT
NORMAN PARK CENTER
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The City has issued and renewed multi-year permits to several social service agencies,
allowing them to utilize office space in the upstairs area at Norman Park Center. These
agencies provide valuable community services, which target the senior population.
(Director of Recreation)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SALARY AND BENEFIT ENHANCEMENTS WITH THE CHULA
VISTA POLICE OFFICERS ASSOCIATION AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
The Memorandum of Understanding (MOU) between the City and the Chula Vista Police
Officer's Association (POA) expired June 30, 2005. During the past several months,
negotiating teams representing the POA and the City have worked collaboratively toward
developing a mutually beneficial MOU covering fiscal years 2006 through 2010. The
parties have reached agreement on a salary and benefit package for this timeframe while
continuing to meet and confer on a number of issues concerning the MOU's language.
The final MOU between the City and the POA will be brought to Council for adoption
later in the year, once final agreement is reached. The proposed resolution approves the
salary and benefit enhancements that have been agreed upon by the City and POA. The
proposed salary and benefit enhancements were ratified by a majority of the POA
membership at a general membership meeting on July 5, 2005. If adopted, the proposed
salary and benefit enhancements will significantly improve the City's competitive
position in the local labor market, resulting in more effective employee recruitment and
retention. (Director of Budget and Analysis, Director of Human Resources)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SALARY AND BENEFIT ENHANCEMENTS FOR THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2180 AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
The Memorandum of Understanding (MOD) between the City and the International
Association of Firefighters Local 2180 (IAFF) expired June 30, 2005. During the past
several months, negotiating teams representing the IAFF and the City have worked
collaboratively toward developing a mutually beneficial MOU covering fiscal years 2006
through 2010. The proposed resolution approves the salary and benefit enhancements
that have been agreed upon by the City and the IAFF. The proposed enhancements were
ratified by a majority of the IAFF membership at a general membership meeting on July
20, 2005. If adopted, the proposed salary and benefit enhancements will significantly
improve the City's competitive position in the local labor market, resulting in more
effective employee recruitment and retention. (Director of Budget and Analysis, Director
of Human Resources)
Staff recommendation: Council adopt the resolution.
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11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SALARY AND BENEFIT ENHANCEMENTS FOR THE CHULA
VISTA EMPLOYEES ASSOCIATION, THE WESTERN COUNCIL OF ENGINEERS,
AND ALL NON-REPRESENTED EMPLOYEES AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT
OF UNCLASSIFIED POSITIONS TO ADD AN ANIMAL CONTROL MANAGER
(FIRST READING; 4/5THS VOTE REQUIRED)
During the past several months, representatives for the City have met independently with
representatives for CVEA and WCE towards developing mutually beneficial MOUs
covering Fiscal Years 2006 through 2010. The City has reached agreement with each of
the bargaining units on salary and benefit packages covering this timeframe. The City
continues to meet and confer with the groups on a number of MOU-related issues. The
final Memoranda of Understanding with CVEA and WCE will be brought to Council for
adoption later this year, once final agreement has been reached. The proposed resolution
provides wage and benefit enhancements for the following miscellaneous groups:
CVEA, WCE, Confidential Employees, Mayor and Council, Executive Managers, Senior
Managers, Middle Managers, and unclassified hourly employees. The proposed salary
and benefit enhancements were ratified by a majority of CVEA members on July 20,
2005, and by a majority of WCE members on July 12, 2005. (Director of Budget and
Analysis, Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUB-
AREA III, NEIGHBORHOOD lOB FINAL MAP; ACCEPTING ON BEHALF OF THE
CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION; APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDNISION; APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDNISION IMPROVEMENT AGREEMENT; AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT BETWEEN MCMILLIN ROLLING HILLS RANCH, LLC, AND THE
CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY
WITHIN ROLLING HILLS RANCH SUB-AREA III, NEIGHBORHOOD lOB, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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On October 6, 1992, Council approved a Tentative Subdivision Map for Salt Creek
Ranch, Chu1a Vista Tract No. 92-02. On May 13, 2003, Council approved an Amending
Tentative Subdivision Map for Rolling Hills Ranch (formerly known as Salt Creek
Ranch) Sub-area III, Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through
12 of the original Tentative Subdivision Map were redesigned. Staff proposes that
Council now consider approval of the Neighborhood lOB Final Map, its associated
Subdivision and Supplemental Subdivision Improvement Agreements, and a Grant of
Easements, License & Maintenance Agreement for privately maintained public property.
(City Engineer)
Staff recommendation: Council adopt the resolutions.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REJECTING THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE
LOT "E" OF CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER
II, PHASE 2, MAP NO. 14395
The proposed site plan for the Home Improvement Design Center within the EastLake
Business Center (881 Showroom Place) requires the modification of the property
boundary with the adjacent open space lot at the northeast comer of Fenton Street and
Otay Lakes Road. The open space lot is owned by The Eastlake Company and will be
maintained by the Eastlake Business Center Owner's Association, both of whom agreed
to the modification. The City has an irrevocable offer for fee title in the open space lot.
Adoption of the resolution rejects the City's interest in the lot so that a new irrevocable
offer of fee interest can be given to the City along the new parcel configuration. (City
Engineer, Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
14 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH VILLAGE SEVEN),
DECLARING THE RESULTS OF A SPECIAL ELbCTlON IN SUCH COMMUNITY
FACILITIES
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 12-1
(MCMILLIN OTAY RANCH VILLAGE SEVEN) AUTHORIZING THE LEVY OF A
SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING)
On July 12, 2005 Council approved the Resolution of Intention to establish Community
Facilities District No. 12-1 (CFD 12-1). On August 23, 2005 the Council adopted
Resolutions to form and establish CFD 12-1, and to declare the necessity to incur bonded
indebtedness. On August 30, 2005 a special election of eligible property owners was held
at the City Clerk's office for the purpose of voting on the formation of the CFD 12-1.
(City Engineer)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
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15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 05-09, OTAY
RANCH VILLAGE SEVEN; ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION; ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO.
2004-332
On October 12, 2004, Council approved a tentative subdivision map for Otay Ranch
Village Seven, Chula Vista Tract No. 05-09. Adoption of the resolution approves the
Otay Ranch Village Seven "A" Map, its associated Subdivision Improvement Agreement,
and its associated Supplemental Subdivision Improvement Agreement. (City Engineer)
Staffrecommendation: Council adopt the resolution.
16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING THE "DIXON DRIVE BETWEEN NAPLES STREET AND
OXFORD STREET IN THE CITY OF CHULA VISTA, CALIFORNIA" CAPITAL
IMPROVEMENT PROJECT AND APPROVING A BUDGET TRANSFER FROM
THE EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS
PROJECT (STL-306) NECESSARY TO COMPLETE THE PROJECT, ACCEPTING
BIDS AND AWARDING A CONTRACT FOR THE "DIXON DRIVE BETWEEN
NAPLES STREET AND OXFORD STREET IN THE CITY OF CHULA VISTA,
CALIFORNIA (STL-302)" PROJECT (4/5THS VOTE REQUIRED)
On August 31, 2005, the Director of General Services received sealed bids for this
project. The work to be done consists of the sidewalk improvements and related street
work along Dixon Drive, from Naples Street to Oxford Street. The work also includes all
labor, material, equipment, transportation, protection and restoration of existing
improvements and traffic control necessary for the ?roj ect. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING TDAlTRANSNET BICYCLE-PEDESTRIAN FUNDS IN THE
AMOUNT OF $88,300 TO THE "CASTLE PARK ELEMENTARY SIDEWALK
IMPROVEMENTS, SOUTH SIDE OF NAPLES STREET FROM ALPINE AVENUE
TO 200 FEET EAST OF TOBIAS DRIVE, EAST SIDE OF TOBIAS DRIVE FROM
NORTH OF ORLANDO COURT TO GENTRY WAY IN THE CITY OF CHULA
VISTA, CALIFORNIA (STL-287)" PROJECT AS NECESSARY TO COMPLETE THE
PROJECT (4/5THS VOTE REQUIRED)
On June 24, 2005, the SANDAG Board of Directors approved the Bicycle-Pedestrian
working group's recommendations regarding the funding of projects in Fiscal Year 2006,
and of those projects, this project was approved for $88,300. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Agenda
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"
18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS WITH BOYLE ENGINEERING CORPORATION,
LINTVEDT MCCOLL & ASSOCIATES, AND HUNSAKER & ASSOCIATES SAN
DIEGO, INC. FOR PROFESSIONAL LAND SURVEYING CONSULTING
SERVICES FOR LAND SURVEYING REQUIRED FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THE DESIGN AND
CONSTRUCTION PHASES
Due to the current pace of numerous CIP projects, development in the "Eastern
Territories," and the proposed large infrastructure financing program in western Chula
Vista (Montgomery), the City has identified the need to enlist qualified consultants to
assist City land surveying staff. (Director of General Services)
Staffrecommendation: Council adopt the resolution.
19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF THE BAYSHORE
BIKEWAY ALONG THE WEST SIDE OF INTERSTATE 5, FROM E STREET TO
THE CITY'S NORTHERLY BOUNDARY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
In 1978, the City entered into a Cooperative Agreement with CaITrans, the County of San
Diego, and the Cities of San Diego, National City, Imperial Beach, and Coronado for
Commuter Bikeway Construction. The proposed agreement further clarifies the City's
maintenance responsibilities under the 1978 Cooperative Agreement. (Director of Public
Works Operations)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. If you
wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
20. CONSIDERATION OF APPLICANT'S APPEAL OF CERTAIN CONDITIONS OF
APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A
PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT
(APPLICANT: INTERNATIONAL REAL ESTATE - Continued trom August 23,
2005)
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The applicant is reconsidering the content of the appeal and has requested a continuance
to September 27,2005. Staff informed those who spoke regarding this item at the August
23'd meeting of the item's continuance. (Director of Planning and Building)
Staff recommendation: Council continue the public hearing to September 27,2005.
21. CONSIDERATION OF THE VACATION OF A PEDESTRIAN ACCESS EASEMENT
CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM
COMPLEX
The City of Chula Vista is considering vacating a pedestrian access easement connecting
East Rienstra Street and The Apollo II Condominium Complex located west of Melrose
Avenue and north of East Orange Avenue. The Paul Miller Company, representative of
the Apollo II Homeowners Association and the owner of the property located at 274 East
Rienstra Street has requested the vacation of the above-mentioned easement. In
accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council
adopted the Resolution of Intention No. 2005-276 setting a public hearing for September
13,2005 at 6:00 p.m. in the Council Chambers to consider the vacation of the easements.
In order to vacate, Council must adopt a resolution ordering the vacation of the easement.
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE VACATION OF A PEDESTRIAN ACCESS EASEMENT
CONNECTING EAST RIENSTRA STREET AND THE APOLLO II
CONDOMINIUM COMPLEX
22. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2005-1
(TOBIAS DRIVE)
Residential properties along Tobias Drive, between Naples Street and Oxford Street, are
currently without curbs, gutters, or sidewalks. Thirty of the thirty-nine property owners
have signed a petition requesting that special assessment district proceedings be
commenced for the purpose of financing the construction of these improvements.
Council previously adopted resolutions accepting the petition, approving the boundary
map and Preliminary Engineer's report, ordering the initiation of ballot proceedings, and
setting the public hearing. (Director of General Services)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION FOR ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS
DRIVE), MAKING FINDINGS PURSUANT THE IMPROVEMENT ACT OF
1913 AND ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
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September 13, 2005
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by the
Council, and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
23. CONSIDERATION OF CHANGES TO COUNCIL POLICY 453-02 RELATED TO
THE DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS
Adoption of the resolution authorizes changes to Policy 453-02. This policy was adopted
on December 9, 2003, and contains development guidelines, program requirements, and
buyer selection criteria. The proposed changes to the policy include revision of the
selection criteria to add a preference for residents of Chula Vista and other minor
alterations. (Director of Community Development)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING CHANGES TO CITY POLICY 453-02, RELATED TO THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS
24. CONSIDERATION OF AN AMENDMENT TO THE EXISTING LOAN
AGREEMENT AND RELATED RESTRlCTNE COVENANTS AND AFFORDABLE
HOUSING AGREEMENT FOR FINANCIAL ASSISTANCE TO SENIORS ON
BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED
PARTNERSHIP, FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON
BROADWAY
Adoption of the resolution approves an additional $2,467,345 ITom available HOME
Investment Partnership Program funds for the construction of the "Seniors on Broadway"
development. The amount is in addition to the $1,043,850, which was approved by
Council on February 22, 2005, bringing the total City contribution to $3,511,195. This
project is consistent with the City's Housing Element of the General Plan and the
regulations of the HOME Investment Partnership Program. (Director of Community
Development)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING
THE FOLLOWING ACTIONS FOR SENIORS ON BROADWAY LIMITED
PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE
DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY:
A) APPROPRIATION OF AN ADDITIONAL $2,467,345 FROM THE
AVAILABLE BALANCE IN THE CITY'S HOME INVESTMENT
PARTNERSHIP PROGRAM (HOME) FUNDS FOR FINANCIAL
ASSISTANCE
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B) A FIRST AMENDMENT TO THE LOAN AGREEMENT AND
RELATED RESTRICTNE COVENANTS/HOME PROGRAM
PARTICIPATION AGREEMENT
C) A FIRST AMENDMENT TO THE LEASEHOLD DEED OF TRUST
WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
D) A FIRST AMENDMENT TO THE PROMISSORY NOTE (4/5THS
VOTE REQUIRED)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
25. CITY MANAGER'S REPORTS
26. MAYOR'S REPORTS
A. Appointment of voting delegate for the National League of Cities' Annual
Business Meeting to be held on Saturday, December 10, 2005.
B. Ratification of reappointment of Steve Epsten to the Mobilehome Rent Review
Commission.
C. Ratification of appointments to the following boards, committees and
commissions:
. Board of Appeals and Advisors: Angela Brill and Jan Buddingh, Jr.
. Charter Review Commission: Norma Toothman
. Commission on Aging: Ann Perry
. Cultural Arts Commission: Tiffany Vinson, Ron Bolles, and Richard
Werlin
. Design Review Committee: Yolanda Calvo and David Bringas
. Growth Management Oversight Commission: Matthew Waters and Joe
Little
. Housing Advisory Commission: Armida Martin Del Campo
. International Friendship Commission: Aya Ibarra and Rita Legaspi
. Resource Conservation Commission: Georgie Stillman, and Eric Mosolgo
27. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
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September 13, 2005
28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City ofChula Vista v. Evanston Ins. (SDSC # GlC 818513)
B. City ofChula Vista v. San Miguel Development Co. (SDSC # GlC 835467)
C. The Environmental Trust, Inc. (USBC # 05-02321-LAll)
29. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Executive Director
ADJOURNMENT to the Regular Meeting of September 20,2005, at 6:00 p.m. in the Council
Chambers.
Page 12 - Council Agenda
http://www .chulavistaca.gov
September 13, 2005
Eloy Ledesma
6314 Lillian Way
San Jose, CA 95120
To: Ms. JoAnn Jonas
Civic Center Branch Library
365 F Street
(619) 691-5080
Dear JoAnn and fellow commissioners,
I have had a great experience as a youth commissioner for the City of Chula Vista this
past year. Unfortunately, I will not be able to continue as a commissioner for the Youth
Advisory Committee. I have moved to San Jose, CA to live with my uncle and aunt for
the remainder of my high school career and thus will not be able to continue as a
commissioner. I do hope however that the commission continues to work more with the
mayor and city council to have their ideas and concerns heard.
Again, I am sorry for the abruptness of my resignation but I am sure that there are several
worthy candidates to replace me on the commission from Otay Ranch. I hope that you
are all successful on all of your proposed actions to the city council and again to continue
to increase communication between the commission and the city council.
Thank you to all of you and once again, I have had a very enjoyable tenure as a youth
commissioner for the City of Chula Vista and good luck to all of your future endeavors.
-Eloy Ledesma, former commissioner ofOtay Ranch High School, 2004-2005
P.S. If you wish to reach me, you may to contact me via e-mail at
rastamex99la1vahoo.com or by mail at the above address.
III
MEMO
August 20, 2005
To: Honorable Mayor Padilla and the City Council
From: JoAnn Jonas, Staff Liaison to Youth Advisory Commission
Re: Youth Commissioners Patricia DeSaracho and Yazmin DeSaracho
Commissioners DeSaracho and DeSaracho have moved with their
family out of Chula Vista. Both verbally resigned, but did not send a
written resignation from the commission.
Commissioner Yazmin DeSaracho represented Rancho Del Rey Middle
School. Commissioner Patricia DeSaracho had become an ex-officio
member, since she moved to Otay Ranch and there were already 2
commissioners from that school. They will be missed.
We would like to proceed with replacing them on the Commission. We
are in the process of recruiting interested teens to apply for the
Commission, and hope to fill all of the vacancies this fall.
Thank you for your attention to this matter.
CC: Office of the City Clerk
Erin Bradley
/8
r:R\\O~
ORDINANCE NO. \'.~\) \'.\)
\\~G
ORDINANCE OF THE CITY COi!NC ~\)THE CITY OF
CHULA VISTA AMENDING ORDI NO. 2898 RELATING
TO THE PEDESTRIAN BRIDGE D LOPMENT IMPACT FEE
PROGRAM FOR OTAY RANCH VILLAGE 11
WHEREAS, the City Council on February 18, 2003 approved Ordinance No.
2898 establishing a Pedestrian Bridge Development Impact Fee ("DIF") Program for
Otay Ranch Village 1 I and the area of benefit; and,
WHEREAS, City Engineering Staff has approved the City of Chula Vista
Pedestrian Bridge DIF Report for Otay Ranch Village 11, dated February 1, 2003 and the
updated Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11,
dated May 26, 2005 ("Report"); and
WHEREAS, said Report, recommends the adjustment of the Pedestrian Bridge
payable by persons obtaining building permits for developments within Otay Ranch
Village 11 benefiting ftom the construction of these facilities; and
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the report and other information received by
the City Council in the course of its business, that imposition and adjustment of the DIF
on all developments within Otay Ranch Village 11 in the City of Chula Vista is necessary
in order to protect the public safety and welfare and to ensure effective implementation of
the City's General Plan; and
WHEREAS, the City Council has determined that the amount of the DIF levied by
this ordinance does not exceed the estimated cost of providing the public facilities
identified by the report.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION A. Amend Sections 2 and 11 of Ordinance No. 2898 as follows:
SECTION 2. Acceptance of Report
The City Council has reviewed the proposed Pedestrian Bridge Development
Impact Fee Report for Otay Ranch Village 11, dated May 26, 2005, and has
accepted the same, by Resolution No.2005-XXX, in the form on me in the Office
of the City Clerk.
SECTION 11. Amount of Fee; Establishing Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of $1,808 per Single
Family Dwelling Unit (SFD) and $1,341 per Multiple Family Dwelling Unit
(MF). Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to
add Section E, which shall read as follows:
d- -I
Ordinance No.
Page 2
"E." Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance
No. xxxx that amended Ordinance No. 2898, but said ordinance governs over
the provisions of the Master Fee Schedule. For example, in the event of a conflict
in intetpretation between the Master Fee Schedule and the ordinance, or in the
event that there are additional rules applicable to the imposition of the Impact Fee,
the language of the ordinance governs.
a. Territory to which Fee Applicable
The area of the City of Chula Vista to which the Impact Fee herein
established shall be applicable is set forth in Exhibit "2" of the City of
Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay
Ranch Village 11, dated May 26, 200S, and is generally described as the
area surrounded by Olympic Parkway, Hunte Parkway and Eastlake
Parkway.
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $1,808 per EDU and
translated into a fee per land use based on the people per household factor
given below.
Residential Land Use
iliID.
EDU's
Fee
Single Fami1v (SFD)
Multi Familv
1
$1,808
0.74
$1,341
The amount of the fee shall be adjusted, starting on October 1,2006, and
on each October 1st thereafter, based on the one-year change (from July to
July) in the Los Angeles Construction Cost Index (ENR-CCI) as published
in the Engineering-News Record Magazine. Adjustments to the above
fees based upon the ENR-CCI shall be automatic and shall not require
further action of the City Council. The reasons for which non-automatic
adjustments may be made include, but are not limited to, the following:
changes in the type, size, location or cost of the Facilities to be financed
by the Impact Fee; changes in land use in the City's General Plan; other
sound engineering, financing and planning information. Adjustments to
the above Impact Fee may be made by resolution amending Ordinance No.
2898.
)-J
.
Ordinance No.
Page 3
c. When Payable
The Impact Fee shall be paid in cash not later than immediately prior
to the issuance of a building permit.
SECTION B. Effective Date
This ordinance shall become effective sixty days after its second reading and
adoption.
SECTION C. Except as specifically amended by herein, all other prOVlSlons of
Ordinance No. 2898 shall r=ain in full force and effect.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
41fL-
H:\ENGINEER\Ordinances\Ord.2005\8-16-05\OR V11 Ped Bridge DIF Ord.doc
t?--3
ORDINANCE NO. ~Q,?\\Q~
~~\)
AN ORDINANCE OF THE CITY COTJNCli[~ CITY OF
CHULA VISTA APPROVING ^~~NTS~ TO THE
EASTLAKE II PLANNE$"-"t'OMMUNITY DISTRICT
REGULATIONS AND LAND USE DISTRICTS MAP FOR 13.3
ACRES AT THE NORTHWEST CORNER OF MILLER DRIVE
TERMINUS AND EASTLAKE PARKWAY.
1. RECITALS
A. Project Site
WHEREAS the area of land, which is the subject of this Ordinance is
diagrammatically represented in "Exhibit D" and incorporated herein by this reference and for the
purpose of general description herein consists of 13.3 acres known as EastLake Village Walk, and
located at the northwest comer of EastLake Parkway and Miller Drive intersection within the
EastLake Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS a duly verified application was filed with the City of Chula Vista
Planning and Building Department on March 17,2004 by Sudberry Properties, Inc. requesting
amendments to the EastLake II Planned Community District Regulations and Land Use Districts
Map; and,
WHEREAS, the VC-laland use district is being created as a "Project Specific Land
Use District" to allow specific types ofland uses only in conjunction with the construction of the
approximate 165,000 square foot specialty retail center; and,
WHEREAS, the new VC-Ia land use district permitted and conditional uses include
gourmet markets, specialty retail shops, maj or bookstore, restaurants; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) amended Eastlake II General Development Plan (GDP)
approved by City Council Resolution No. 2003-140 on April 8, 2003, and City Council Resolution
No. 2003-293 on July 8, 2003; 2) Eastlake I Village Center North Supplemental SPA approved by
City Council Resolution No. 2002-264 on July 23,2002, and amended by City Council Resolution
No. 2003-293 on July 8, 2003; and 3) amended Eastlake II Planned Community District Regulations
approved by City Council Ordinance No. 2905 on April 15, 2003, and amended by City Council
Ordinance No. 2925 on July 15, 2003; and,
D. Planning Commission Record of Application
3-/
Ordinance No.
Page 2
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on July 27, 2005 and voted (5-0-0-2) to forward a recommendation to the City Council on
the Project; and,
WHEREAS, the proceedings and all evidence introduce before the Planning
Commission at the public hearing on this project held on July 27, 2005 and the minutes and
resolution resulting there from, are hereby incorporated into the record of this proceeding; and,
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 23, 2005 on the Project discretionary approval
applications, and to receive the recommendation of the Planning Commission and to hear public
testimony with regard to same; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 feet of
the exterior boundaries of the Project Sites at least 10 days prior to the hearing; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced
for first reading on August 23, 2005, the City Council of the City of Chula Vista approved
Resolution _by which it adopted the amendments on the City of Chula Vista General Plan,
EastLake IT General Development Plan and EastLake I Village Center North Supplemental Sectional
Planning Area (SPA) Plan.
NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain
as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public hearing
un the Project held on July 27, 2005, and the minutes and resolutions resulting there from, are hereby
incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration (IS-04-027) and has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the
State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and
hereby adopts Mitigated Negative Declaration IS-04-027.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council exercised its independent review and judgment and concurred with the
3~~
Ordinance No.
Page 3
Environmental Review Coordinator's determination that the proposed would not have a significant
effect on the environment in light of the whole record before the City of Chula Vista, and the
adopted Mitigated Negative Declaration (IS-04-027) in the form presented has been prepared in
accordance with requirements of the California Environmental Quality Act (CEQA), the State
Guidelines, and the Environmental Review Procedures of the City ofChula Vista and has reviewed
and considered same.
V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the EastLake II Planned Community
District Regulations are consistent with the City of Chula Vista General Plan, as concurrently
amended, and public necessity, convenience, the general welfare and good zoning practice support
the amendment.
VI. APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the amendments to the EastLake II Planned Community
District Regulations, Land Use Districts Map as represented in "Exhibit 0".
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event
that anyone or more terms, provisions or conditions are determined by a Court of competent
Jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
VIII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the 30th day from and after its adoption.
Presented by:
Approved as to form by:
oLn f /VLJZ
James D. Sandoval
Director of Planning and Building
8-3
ORDINANCE NO. ~(J?'\\\)~
~\) ~
AN ORDINANCE OF THE CITY COUN~~e~ THE CITY OF
CHULA VISTA APPROVING AN AME~NT TO THE OTAY
RANCH VILLAGE SEVEN SECT~ PLANNING AREA (SPA)
PLAN RE-ZONING THE ALLS.'P'RODUCT PORTION OF THE
LAND USE DISTRICTS MAP FROM SINGLE FAMILY FOUR (SF-4)
TO RESIDENTIAL MULTI-FAMILY ONE (RM-l) AND MODIFYING
THE PLANNED COMMUNITY (PC) DISTRICT REGULATIONS
FOR ENTRY FEATURE SETBACKS IN THE RM-l ZONE.
WHEREAS, the Land Use Districts Plan Map and Planned Community (PC) District
.Regulations which are the subject matter of this ordinance are identified as Exhibit "A" and "B,"
attached hereto; and,
WHEREAS, an application to amend the Otay Ranch Village Seven Sectional Planning Area
(SPA) Plan was filed with the City of Chula Vista Planning and Building Department on June I,
2005 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and,
WHEREAS, the application is a request to amend the Otay Ranch Village Seven Sectional
Planning Area (SPA) Plan including a reclassification of a land use designation on the Land Use
District Map, and modifications to the Planned Community (PC) Property Development Standards
for Residential Districts Yards and Setbacks ("Project"); and,
WHEREAS, the amended Otay Ranch Village Seven Sectional Planning Area (SPA) Plan
Land Use Districts Map and Planned Community (PC) District Regulations, established pursuant to
Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community
Zone, and are applicable to the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan; and,
WHEREAS, the amended Otay Ranch Village Seven Sectional Planning Area (SPA) Plan
Land Use Districts Map and Planned Community (PC) District Regulations will be modified to
reflect the re-zoning of the alley product portion ofNeigbborhood R-2 (170 lots) from Single Family
Four (SF-4) to Residential Multi-Family One (RM-1), and the elimination of the front yard setback
requirement of 8-ft. for porch and 6-ft. for courtyard entry features in the RM-l zone; and,
WHEREAS, the development has been the subject matter of Village Seven Sectional
Planning Area (SPA) Plan previously approved by the City Council on October 14, 2004, wherein
the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch
Village Seven Final Second Tier EIR (EIR-04-06); and,
WHEREAS, the Village Seven Sectional Planning Area (SPA) Plan refines and implements
the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council
of the CityofChula Vista on October, 28,1993, and as amended on May 14,1996, and November
10, 1998; and,
tf - /
Ordinance No.
Page 2
WHEREAS, the City's Environmental Review Coordinator has determined that the
proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional
Planning Area One Final Environmental Impact Report Plan, (FEIR 04-06). Thus, no further
environmental review or docwnentation is necessary; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Village
Seven Sectional Planning Area (SPA) Plan amendment (pCM-05-17) and zone change (pCZ-06-0 I)
and notice of said hearing, together with its purpose, was gi ven by its publication in a newspaper of
general circulation in the city and its maili,p.g to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 10,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Conunission
and said hearing was thereafter closed; and,
WHEREAS, by a vote of 4 to 0, the Planning Commission recommended approval of the
project; and,
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista to modify the Village Seven Sectional Planning Area (SPA) Plan Land Use District Plan Map
and Planned Community (PC) District Regulations; and,
NOW, THEREFORE, the City Council of the e City ofChula Vista does hereby ordain as
follows;
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Conunission at their public
hearing on the amended Village Seven Sectional Planning Area (SPA) held on August 10,
2005 and the minutes and resolutions there from, are hereby incorporated into the record of
this proceeding. These docwnents, along with any docwnents submitted to the decision
makers, shall comprise the entire record of the proceedings for any Califomia Environmental
Quality Act (CEQA) claims.
II. ACTION
The City Council hereby amends the Otay Ranch Village Seven Sectional Planning Area
(SPA) Land Use District Plan Map, re-zoning the alley lot portion ofNeighborhoodR-2 (170
lots) from SF-4 to RM-l, as identified on the revised Land Use District Plan Map Exhibit
"A" and modifying the Planned Community (PC) District Regulations for entry feature
setbacks in the RM-l zone by eliminating the front yard setback requirement of 8-ft. for
porch and 6-ft. for courtyard entry features in the RM-l zone as identified in strikeout
Lf-J-
Ordinance No.
Page 3
Exhibit "8" in this ordinance, fmding that it is consistent with the City of Chula Vista
General Plan, the Otay Ranch General Development Plan, Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning and zoning practice support their
approval and implementation. This amendment is subject to the following conditions:
1. Individual site plans for each affected property shall be submitted for review and
approval by the Engineering Proj ect Manager for Village Seven to ensure or maintain
that access is available to sewer clean-outs at the property line, that sight distance at
intersections are maintained, and that encroachment permits into City right-of-way or
City easements are obtained prior to any construction.
2. AlllTont and side yard wall and fence heights shall comply with current zoning code
requirements.
3. Entrances into garages accessed lTorn 20-ft alleys shall provide adequate turning room
into garages, and the distance between garage doors with the alleys shall be a minimum
30-ft.
4. Individual developments shall comply with the Otay Ranch Village Seven AQIP and
WCP.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby determines that the proposed project was adequately covered in
previously adopted Otay Ranch Village Seven Sectional Planning Area Final Environmental
Impact Report, (FEIR 04-06). The Project, would have no new effects that were not
examined in said Final EIR [Guideline 15168 (c)(2)]. Thus, no further environmental review
or documentation is necessary; and,
IV. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES
The City Council does hereby re-adopt and incorporate herein as conditions for this approval
all applicable mitigation measures and alternatives, as set forth in the findings adopted in the
Mitigation Monitoring Program for the Otay Ranch Village Seven Final Second Tier EIR
(EIR-04-06).
V. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project was
fully described and analyzed and is within the scope of the Otay Ranch Village Seven Final
Lf-3
Ordinance No.
Page 4
Second Tier EIR (EIR-04-06) adequately describes and analyzes this project for the purposes
ofCEQA [Guideline l5l68(e)].
VI. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by
Approved as to form by
2f/~
City Attorney
Jim Sandoval
Planning and Building Director
1-'1
COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 9/13/05
ITEM TITLE:
Resolution Adopting an Alternative Version of the City
Logo; Amending City Policy No. 100-01; and Adopting the
Handbook Entitled "Using the Logo Properly", to Supplement
Council Policy 100-01 Regarding Use of the City Logo and Seal.
Director, Office of communications#f
City Manager f ~ 7K . (4/5thsVote: Yes_NoX)
SUBMITTED BY:
REVIEWED BY:
The purpose of this resolution is to provide an alternative option for use of the adopted
City of Chula Vista logo.
RECOMMENDATION: That the City Council adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Background
On August 6, 1985, the Chula Vista City Council adopted the current City logo and seal,
as well as a policy (100-01) on the use of these two symbols (Exhibits A - C). The
symbols form the basis for a comprehensive identification program ensuring a unified,
positive impression that is readily recognizable. The implementation of that program was
intended to eliminate uncoordinated or unauthorized representations of the City. The
Office of Communications administers this program and ensures that all departments and
contracted vendors use the city logo properly.
Proposal
The City's logo is successfully serving the purpose for which it was intended. However,
there is a limitation to the design that significantly reduces its effectiveness in some
formats. The square design of the logo does not work well in horizontal layouts. In order
to fit into a horizontal format, the logo must be reduced to such an extent that its visual
impact is lost.
I """-
~
cm~
OWLA VISTA
In order to fit into horizontal spaces, the City logo
is reduced in size: Visual impact is compromised.
5-1
Item
Page 2 of2 9/13/05
The Office of Communications proposes to add an alternative, horizontal version of the
logo that can be used when appropriate to meet the needs of specific layouts or imprint
areas. The alternative logo would feature the words "City of Chula Vista" stacked and to
the right of the sunset graphic (see below and Exhibit D). This will accommodate the
need for a horizontal logo while maintJlinine the integrity and recognizability of the logo
adopted in 1985.
~''f:. an' OF
'""'.JI~"" (HULA VISTA
A horizontal logo will fit into the space more
comfortably: Visual impact remains strong.
With the City Council's approval, the Office of Communications will include the
modified logo as an approved option for city departments to incorporate into their printed
materials, publications and presentations.
In coordination with the introduction of the alternative horizontal logo, the Office of
Communications bas also prepared an explanatory handbook on the proper use of both
versions of the logo, as well as the City seal (Exhibit E).
FISCAL IMPACT:
There is no fiscal impact associated with adopting this resolution.
5-2
Exhibit A-l
COUNCIL POLICY
City of Chula Vista
SUBJECT POLICY EFFECTIVE PAGE
NUMBER DATE
City Identification Program: Use of Seal and 1 00-01 8/6/85 1 of 2
LOQO
Adopted by Resolution No. 12118 Dated: August 6, 1985
Amended bv Resolution No. Dated: September 13, 2005
City Identification Program:
Use of Seal and Logo
BACKGROUND
On August 6, 1985, the City Council adopted a new City seal and a new City logo. On
September 13. 2005. the City Council approved an acceptable altemative version of the
City loqo to accommodate horizontal lavouts. These ~ symbols of the City will form
the basis for a comprehensive identification program which includes consistent use of
the City's seal and logo~. The identification program is intended to present a unified,
positive impression that is readily recognizable.
+iw&, Proper implementation of the City's identification program should eliminate
uncoordinated or unauthorized representations of the City, such as various graphic
symbols, designs, layouts and colors.
To assist with the implementation of the identification proqram, on September 13. 2005
the City Council adopted a handbook that provides detailed information on the proper
use of both versions of the loqo.
PURPOSE
The purpose of this policy is to provide guidelines for the implementation of the City's
identification program and consistent uses of the offjciallogo~ and seal.
POLICY
The City Council establishes the following policy conceming all uses of the City's seal
and logo~:
1. Use of the City seal will be limited to specific ceremonial applications such as
proclamations, special certificates, and plaques. Exceptions to this limitation will
require the advance approval of the City Manager or hislher designee.
2. Except for specific ceremonial uses of the City seal, the City logo~ will be the
sole identifying symbol used on City stationary, signage, vehicles and other items
appropriate for City identification.
5-3
SUBJECT POLICY EFFECTIVE PAGE
NUMBER DATE
City Identification Program: Use of Seal and 100-01 8/6/85 10f2
Looo
Adopted by Resolution No. 12118 Dated: August 6, 1985
Amended bv Resolution No. Dated: Seotember 13, 2005
3. Use of the logo~ will be consistent City-wide, including size, associated type face
styles, layout, colors and all other related elements, as indicated in the
handbook.
4. Appropriateness of the use of the horizontal 1000 will be determined bv the City
Manaaer or hislher desianee.
PROCEDURE
1. All proposed uses of the logo~ and seal will require approval by the City Manager
or hislher designee prior to implemention. Individual business cards, City
stationery, signage and all other W&e& materials containina the loaos and seal
must be in conformance to the standards of the identification program.
2. The City Attorney will secure copyrights for the logo~ and seal to protect the City
from their unauthorized use.
5-4
EXHIBIT A-2
..
RESOLUTION NO. 12118
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING OFFICIAL CITY SEAL AND
LOGO. AND ADOPTING COUNCIL ~OLICY REGARDING
THEIR USE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, at the .meeting of March 19, 1985, the City
Council selected a rough design of a City seal to be prepared in
final form for approval as the City's official seal, and
WHEREAS, at the meeting of March 19, 1985, the City
Council selected a rough design of a City logo to be prepared in
final form for approval as the City's official logo, and
WHEREAS, both designs have been prepared in their final
form, Which are attached hereto as Exhibit "A" and "B" and
incorporated herein by reference as if set forth in full, and
WHEREAS, staff has developed a Council policy regarding
the use of the seal and the logo, which is attached hereto as
Exhibit "C" and incorporated herein by reference as if set forth
in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby adopt the final form of the
City seal and logo attached hereto as Exhibit "A" and "B".
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby adopt the Council Policy attached
hereto as Exhibit "C" regarding their use and hereby directs the
City Attorney to secure copyrights for the seal and logo.
of
to
VV" ...--J
a ron, City
0637a
5-5
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
HU..A VISTA, CALIFORNIA, this 6th day of August
,85 . by the following vote. to-Mit:
Malcolm, Scott, Moore
YES: COWICilmen :
AYES: Councifmen:
BSTAIN: CoI.rIciImen :
3SENT: Councimen:
None
None
McCandliss, Mayor Cox
d~ c7JtL/1
~. , MAYOR PRO TEMPORE
"TES Nt<<. /JJ#~
City CIer
ATE OF CALIFORNIA }
iUNTY OF SAN DEGO ) 55.
.Y OF 0iUI.A VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of CIUa Vista, Cc*fornia.
HEREBY CERTIFY that the above and foregoing is 0 full, true and correct copy of
RESOLUTION NO. 12118
,and that the lOITIe has not been amended or repealed.
rED
(seal)
City Cle,k
.c:e:n _ 'AnT
5-6
. -_._._-,-~,-_.,...-,- .....--.-
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.----~-_...-
.
, EXHIBIT B
."
~
.-
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~
U:J
J:
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5-7
---_.__.--._---_.._~----_... -----. - .. -------------...--
.'
. 5-8
------~-
._--_.~
_~__-~__,__.--u.
_____n _
EXHIBIT D
Primary Logo
~ ~ It.-
~
~~~~
CITY OF
CHUlA VlSfA
Alternative Horizontal Logo
~ CITY OF
--~--~ CHULAVlCTA
,,--'" ~ I~
EXAMPLES
PROPOSAL PURPOSE: to accomodate the needs of horizontal layouts or imprint areas.
in order to fit into horizontal spaces, the City logo
is reduced in size: Visual impact is compromised.
I ~"~
~f}~
mYOf
QiUlA VISTA
:$'Y~ CITY OF
~<~~ (HUlA VISTA
A horizontal logo will fit into the space more
comfortably: Visual impact remains strong.
5-9
EXHIBIT E
~~ft-.
~
~----
-- --- --- --
"'- ...;;;: ...:: ...:;:-
CITY OF
CHULA VISTA
HANDBOOK
USING THE lOGO PROPERLY
OFF ICE 0 F C &-MJM U N I CAT ION 5
INTRODUCTION & HISTORY 2
Established August 1985:
The City of (hula Vista logo
~J~
~
'- - --
--- --- --- ---
""'- ""-- --
-- --
City Logo
The logo is the visual manifestation of the City of Chula
Vista's marketing strategy. The purpose of the logo is to
deliver a consistent, specific, and positive impression of
the City through all communications to the public.
CITY OF
CHULA VISTA
The City of Chula Vista implemented its logo in August,
1985. The symbol characterizes the natural elements that
make Chula Vista unique. The sun radiates warmth in the
mountainous regions of the east while ocean waves in the
foreground capture the essence of Chula Vista's scenic
bayfront.
The City logo will be the sole identifying symbol used on City
stationetyr signilge, vehicles, and other collatelCll or items appropriate
ror City identirication.
The successful branding of the City of Chula Vista logo will
be accomplished with the correct, consistent and uniform
use of the City's identity. All employees and vendors
developing collateral, signage and other materials must
observe the graphic standards outlined in this handbook.
Strict adherence to the principles outlined in the following
pages will ensure that the City's image remains identifiable,
unique and unadulterated.
These logo specifications are intended to be basic and, while
not attempting to elaborate extensively on technical detail,
they do offer sufficient information to prevent the incorrect
use of the City logo.
5-11
LOGO ELEMENTS 3
~v~
~-:
~
~~~~
Symbol
The best possible representation of the City of Chula Vista
logo must be achieved in order to maintain the consistency
of visual identification.
CllY OF
CHU[A VISTA
The symbol is the artistically rendered component of the
logo. The symbol should NEVER be used alone.
~~~
~
~~~
The logotype consists of the words "CITY OF" that follow
the symbol when forming the City of Chula Vista signature.
CllY OF ] Logotype
CHU[A VISTA
The wordmark is the hand-rendered, letterforms that work
together to communicate the city name, "CHULA VISTA."
~~~
~
~555
- - - -
The City of Chula Vista logotype and wordmark have both
been specially kern ed, meaning that the letterspacing has
been adjusted manually for the best possible appearance.
No otherfonts or letterforms can be substituted. Additionally,
all three elements of the logo have been strategically placed
in the space relative to one another.
CllY OF
[ CHU[A VISTA ] Word mark
5-12
PROPER USAGE 4
PrimClry Logo
~~~
~
-~.-...--~~
- - --""-
"""-~---
-- -
PRIMARY LOGO
CITY OF
CHUIA VISTA
The City of Chula Vista logo can be thought of as a "leave
behind" in the memory bank of the viewer, as it is the first
real visual impression that is made. It helps to brand the
City's identity by providing an image to help viewers
associate with the name.
This unique graphic expression of individuality is to the City
what a handwritten signature is to a person. Therefore, the
logo must always be consistent in appearance and color.
Altern<'ltive Horizontal Logo
ALTERNATIVE HORIZONTAL LOGO
~ ~ 'f:. CITY OF
~ CHULA VISTA
The primary logo should be used in most cases, however,
there will be times when the imprint area will lend best to
the horizontal logo. When the size of the primary logo is
compromised because it would be proportionally reduced
too much in order to fit within the space (and still adhere
to clear space), it is permissable to use the alternative
horizontal logo.
The same basic graphic standards apply to the horizontal
logo as the primary logo.
5-13
IMPROPER LOGO USAGE 5
EXAMPL ES
Primary logo (USED CORRECTlY)
Alternative Horizontal logo (USED CORRECTlY)
~~ft,
:~--~
~~~~
~~: CITY OF
~- --~ CHUIAVlCTA
..;;;.~_, .:)1.
CITY OF
CHUIA VISTA
NEVER re5ize any of the elements in the logo.
NEVER rearrange the elements in the logo.
OF
UIA VISTA
OF~\~
ISLA -:.....~~~
-...- -~
~ ~-
NEVER re-typeset the logotype or worclmark in a different font.
NEVER re-typeset the logotype or worclmark in a different font.
~\r?-
~....~~
- -..-...:
...;;;:...:.-.--.-
.......---
VISTA
NEVER use the symbol <llane.
NEVER leave off an element of the logo.
~\(?-
--.-
.=-~~
~~=~
5-14
COLORS 6
logo Colors
Background Colors
If the color is not PMS 208, the chosen color must
blend well into the specific layout or match the color
scheme of each piece.
As with the City of Chula Vista signature, the background
color should also be treated with a great deal of visual
respect, as it assists in providing a clean, consistent space
in which the signature is to be placed. when all colors are
successfully applied together, the City's graphic identity
creates more impact. Background colors should always
compl iment the signature, but never compete.
Color provides a powerful means of visual recognition.
The City of Chula Vista has chosen one specific PMS
(Pantone Matching System) color: 208. Other colors
can also be used to provide flexibility.
It is important that the City of Chula Vista signature be placed
on a background color that allows it to stand out.
Examples:
Burgundy Pantone 208
~~f?
~
""'"~~~
Examples:
LICHT Backgrounds
DARK Backgrounds
ClIT OF
CHULA VISTA
~ \ ft..
--.-
. i:" ..:---=-
- - --
- --
~~f?.
~
~
-
CITY OF
(HUlA VISTA
CITY OF
(HULA VISTA
B\CIck
~~f?
~
""'-~~~
~ \ ft..
--.-
.~-o:;,...--~
" -
~~f?.
~
~
-
CITY OF
(HUlA VISTA
CIIT OF
CHULA VISTA
CIlY OF
(HULA VISTA
~~f?
~
~~~'"
~ \ ft..
--.-
. -- ----
-
~ \ ft..
~
--
---
-
Navy P(1ntone 294
CITY OF
(HULA VISTA
CITY OF
(HULA VISTA
CIIT OF
CHULA VISTA
5-15
IMPROPER COLOR USAGE 7
Signature Colors
EXAMPLES
Background Colors
Pantone 208 is (I difficult color to m<'ltch on some printers. If the color
does not closely match 208, substitue a solid black logo instead.
Logo color needs to stand out on light backgrounds.
NO outlines.
NO dropsh<1dows.
Logo color needs to st<'lnd out an dark backgrounds.
The entire signature must be in lhe same culor.
5-16
CLEAR SPACE 8
.{t~
~Jf?-
=~-
~~~~
----
""".......~~
In order to command attention, the City of Chula Vista
signature must always have a certain amount of clear space
around it. It should not be crowded or overwhelmed by
other elements competing for the space. If placed within a
cluttered environment, the logo's message risks becoming
obscured and insignificant. As a general rule, make the
amount of clear space even larger when possible.
Cln' OF
CHULA VISTA
Clear Space around Primilry Signature:
D,~-----
"b -~~r?--
:J'C'" ___=
- - --
-..-:....- ~
--~~-
, CITY OF
(HULA YlS1b'~ '
"'"
- - - - - - - -
The required minimum clear space can be measured in
relation to the height of the symbol "x". The clear space
around the City of Chula Vista signature requires at least
1/2x of space surrounding the entire signature: top and
bottom; left and right.
Clear Space around Secondary Signature:
Note that the size of the symbol remains consistent.
D-------------
,..
,~ - ~IZ- - - - - - - - - -
~ CITY OF ::
- --- CHUlAVIST.tJ
'-:-=. ~ ~ ' 1/2>C
- - - - .-
,~
- - - - - - - - - - - - - - - - -
5-17
RESOLUTION NO. 2001-
RESOLUTION ADOPTING AN ALTERNATIVE VERSION OF
THE CITY LOGO; AMENDING CITY POLICY NO. 100-01; AND
ADOPTING THE HANDBOOK ENTITLED, "USING THE LOGO
PRO PERL Y," TO SUPPLEMENT COUNCIL POLICY 100-01
REGARDING USE OF THE CITY LOGO AND SEAL
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the City of Chula Vista ("City") adopted a City logo (the "Logo") and
Council policy governing the use of that logo (Policy No. 100-0 I, the "Policy"), in 1985, and that
Logo and Policy are still in effect; and
WHEREAS, the City's Office of Communications administers the Policy and is
charged with ensuring that all departments and contracted vendors use the Logo properly; and
WHEREAS, City staff within the Office ofCommurucations has determined that there
is a limitation to the Logo design which reduces the Logo's effectiveness in certain formats, in that,
the square design ofthe Logo does not work well in horizontal layouts because it must be reduced to
such an extent that its visual impact is lost; and
WHEREAS, the Office of Communications' staff has developed an alternative,
horizontal version of the Logo which is more appropriately suited to horizontal layouts; and
WHEREAS, the alternative version of the Logo, as proposed by City staff, will
maintain the integrity and recognizability ofthe Logo, as adopted in 1985, while allowing its use in a
wider array of graphic designs; and
WHEREAS, the Office of Communications has prepared an explanatory handbook,
entitled "Using the Logo Properly," on the proper use of both versions of the Logo.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby adopt the alternative design of the City Logo, attached to this Resolution as
Exhibit "A," to be used, where appropriate, as an alternative to, the City Logo adopted in 1985.
BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista
does hereby adopt the Handbook, entitled "Using the Logo Properly," attached to this Resolution as
Exhibit "B," to supplement Council Policy 100-01, governing the use ofthe Logo and the City Seal,
AND AMENDS city Policy No. 100-01, as reflected in Exhibit "C", to this resolution;
BE IT FURTHER RESOLVED that the City Council of the CityofChula Vista does
hereby direct the City Attorney to secure additional copyrights, to the extent such copyrights are
necessary to protect the alternative Logo design trom unauthorized use.
5-18
Presented by:
Liz Pursell
Office of Communications
]:\attomey\reso\City ofChula Vista Logo
5-19
Approved as to fonn by:
EXHIBIT A
~ ~ If::.. CllY OF
~ (HULA VISTA
Alternative Horizontal Logo
5-20
EXHIBIT B
~~f?
~
'-----
~ ~ ~""'--
~~-:;...""'--
CITY Of
CHUIA VISTA
, . H AND BOO K.~
USING THE lOGO PROPERLY
,.
OFF ICE 0 F C ~~1v1 U N I CAT ION 5
INTRODUCTION & HISTORY 2
Established August 1985:
The City of Chul. Vista togo
~ ~ It--
~
~ ~ ---.-.-
~~~-:=
City logo
The logo is the visual manifestation of the City of Chula
Vista's marketing strategy. The purpose of the logo is to
deliver a consistent, specific, and positive impression of
the City through all communications to the public.
CITY OF
CHULA VISTA
The City of Chula Vista implemented its logo in August,
1985. The symbol characterizes the natural elements that
make Chula Vista unique. The sun radiates warmth in the
mountainous regions of the east while ocean waves in the
foreground capture the essence of Chula Vista's scenic
bayfron t.
The City logo will be the sole identifying symbol used on City
stationery, signage, vehicles, and other collateral or items appropriate
for City identification.
The successful branding of the City of Chula Vista logo will
be accomplished with the correct, consistent and uniform
use of the City's identity. All employees and vendors
developing collateral, signage and other materials must
observe the graphic standards outlined in this handbook.
Strict adherence to the principles outlined in the following
pages will ensure that the City's image remains identifiable,
unique and unadulterated.
These logo specifications are intended to be basic and, while
not attempting to elaborate extensively on technical detail,
they do offer sufficient information to prevent the incorrect
use of the City logo.
"
5-22
LOGO ELEMENTS 3
~~~
~
""'-~~~
Symbol
The best possible representation of the City of Chula Vista
logo must be achieved in order to maintain the consistency
of visual identification.
CITY OF
(HULA VISTA
The symbol is the artistically rendered component of the
logo. The symbol should NEVER be used alone.
~~~
~
'-~~~
[ CITY OF ] Logotype
(HULA VISTA
The logotype consists of the words "CITY OF" that follow
the symbol when forming the City of Chula Vista signature.
The wordmark is the hand-rendered, letterforms that work
together to communicate the city name, "CHULA VISTA."
~~/t-
~
","",",~
The City of Chula Vista logotype and word mark have both
been specially kerned, meaning that the letterspacing has
been adjusted manually for the best possible appearance.
No other fonts or letterforms can be substituted. Additionally,
all three elements of the logo have been strategically placed
in the space relative to one another.
CITY OF
[ (HULA VISTA] Wordmark
5- 3
PROPER USAGE 4
Primary logo
~ ~ It--
~
~~~----
"""-----.--
-- ---
PRIMARY lOGO
CITY OF
CHULA VISTA
The City of Chula Vista logo can be thought of as a "leave
behind" in the memory bank of the viewer, as it is the first
real visual impression that is made. It helps to brand the
City's identity by providing an image to help viewers
associate with the name.
This unique graphic expression of individuality is to the City
what a handwritten signature is to a person. Therefore, the
logo must always be consistent in appearance and color.
Alternative Horizontal Logo
ALTERNATIVE HORIZONTAL LOGO
~~~ CITY OF
~ CHUlA VISTA
The primary logo should be used in most cases, however,
there will be times when the imprint area will lend best to
the horizontal logo. When the size of the primary logo is
compromised because it would be proportionally reduced
too much in order to fit within the space (and still adhere
to clear space), it is permissable to use the alternative
horizontal logo.
The same basic graphic standards apply to the horizontal
logo as the primary logo.
5- 4
IMPROPER LOGO USAGE 5
Primary Logo (USED CORRECTLY)
EXAMPLES
Alternative Horizontaltogo (USED CORRECTlY)
~~~
~
~~5"~
~ CITY OF
~~=-3t CHU[A VISTA
CITY Of
CHULA VISTA
NEVER resize any of the elements in the logo.
NEVER rearrange the elements in the logo.
OF
UIA VISTA
OF ~\~
:- A" _=
IST.A --~--~
- - -
~ --
NEVER re-typeset the logotype or wordmark in a different font.
NEVER re-typeset the logotype or wordmark in a different font.
~\~
: ,.- :
....:::::::----~
VIS1A
NEVER use lhe symbol alone.
NEVER leave 0(( an element of the Jogo.
.'
~\~
~~~~
~~=:.
5- 5
COLORS 6
Logo Colors
Background Colors
Color provides a powerful means of visual recognition.
The City of Chula Vista has chosen one specific PMS
(Pantone Matching System) color: 208. Other colors
can also be used to provide flexibility.
If the color is not PMS 208, the chosen color must
blend well into the specific layout or match the color
scheme of each piece.
As with the City of Chula Vista signature, the background
color should also be treated with a great deal of visual
respect, as it assists in providing a clean, consistent space
in which the signature is to be placed. When all colors are
successfully applied together, the City's graphic identity
creates more impact. Background colors should always
compliment the signature, but never compete.
It is important that the City of Chula Vista signature be placed
on a background color that allows it to stand out.
Examples:
Burgundy Pantone 208
~u?-
iii!I!ii:
~~~~
Examples:
LIGHT Backgrounds
DARK Backgrounds
CITY OF
CHUlA VISTA
~, ft.-
~
=
-
CITY OF
(HUlA VISTA
CITY OF
(HUlA VISTA
Black
~ ~ ft..
iii!I!ii:
~~~~
CITY OF
CHUlA VISTA
CITY OF
(HUlA VISTA
~ ~ ft..
iii!I!ii:
---~~--
"""-~~"
~, ft.-
=---
-::.~----
- - --
Navy Panlone 294
CITY OF
(HUlA VISTA
CITY OF
CHULA VISTA
5- 6
IMPROPER COLOR USAGE 7
EXAMPLES
Signature Colors
Background Colors
Pantone 206 is a difficult calor to match on some printers. If the color
does not closely match 208, substltue a solid black logo instead.
logo color needs to stand out on light backgrounds.
NO outlines.
NO dropshadows.
logo color needs to stand out on dark backgrounds.
The entire signature must be in the same color.
5-2
CLEAR SPACE 81
1t~
~~~
~
-- """"""""'"--
""'-......~~
In order to command attention, the City of Chula Vista
signature must always h<ive a certain amount of clear space
around it. It should not be crowded or overwhelmed by
other elements competing for the space. If placed within a
cluttered environment, the logo's message risks becoming
obscured and insignificant. As a general rule, make the
amount of clear space even larger when possible.
CITY OF
(HULA VISTA
Clear Space around Primary Signature:
D,~-----
'"' - ~Jf~ -
~
~"""'::~=
, CITY Of
mULA YlST.b'"' '
,,~
- - ~ - ~ - - -
The required minimum clear space can be measured in
relation to the height of the symbol "x". The clear space
around the City of Chula Vista signature requires at least
1/2x of space surrounding the entire signature: top and
bottom; left and right.
Clear SpaGe around Secondary Signature:
Note tnat the !.ize of the s.ymbol remains consistent.
D-----------
"',
,.':~~~~-~~ ::
- - -.... CHUlAVIS1tj
,~.......= - 1/21
--~ ...... - - .
"',
- - - - - - - - - - - - - - - - -
..
5-28
EXHIBIT C
COUNCIL POLICY
City of Chula Vista
SUBJECT POLICY EFFECTIVE PAGE
NUMBER DATE
City Identification Program: Use of Seal and 100-01 8/6/85 1 of 2
LOQO
Adopted by Resolution No. 12118 Dated: August 6,1985
Amended bv Resolution No. Dated: Seotember 13, 2005
City Identification Program:
Use of Seal and Logo
BACKGROUND
On August 6, 1985, the City Council adopted a new City seal and a new City logo. On
September 13. 2005. the City Council approved an acceptable alternatiye version of the
City 1000 to accommodate horizontal layouts. These tw€I symbols of the City will form
the basis for a comprehensive identification program which includes consistent use of
the City's seal and logo~. The identification program is intended to present a unified,
positive impression that is readily recognizable.
~, Proper implementation of the City's identification program should eliminate
uncoordinated or unauthorized representations of the City, such as various graphic
symbols, designs, layouts and colors.
To assist with the implementation of the identification prooram. on September 13. 2005
the City Council adopted a handbook that provides detailed information on the proper
use of both versions of the 1000.
PURPOSE
The purpose of this policy is to provide guidelines for the implementation of the City's
identification program and consistent uses of the officiallogo~ and seal.
POLICY
The City Council establishes the following policy concerning all uses of the City's seal
and logo~:
1. Use of the City seal will be limited to specific ceremonial applications such as
proclamations, special certificates, and plaques. Exceptions to this limitation will
require the advance approval of the City Manager or his/her designee.
2. Except for specific ceremonial uses of the City seal, the City logo~ will be the
sole identifying symbol used on City stationary, signage, vehicles and other items
appropriate for City identification.
5-29
SUBJECT POLICY EFFECTIVE PAGE
NUMBER DATE
City Identification Program: Use of Seal and 100-01 8/6/85 1 of 2
Loco
Adopted by Resolution No. 12118 Dated: August 6,1985
Amended by Resolution No. Dated: Seotember 13, 2005
3. Use of the logo~ will be consistent City-wide, including size, associated type face
styles, layout, colors and all other related elements, as indicated in the
handbook.
4. Appropriateness of the use of the horizontal 1000 will be determined by the City
Manaaer or his/her desianee.
PROCEDURE
1. All proposed uses of the logo~ and seal will require approval by the City Manager
or his/her designee prior to implemention. Individual business cards, City
stationery, signage and all other ~ materials containina the loaDs and seal
must be in conformance to the standards of the identification program.
2. The City Attorney will secure copyrights for the logo~ and seal to protect the City
from their unauthorized use.
5-30
COUNCil AGENDA STATEMENT
Item No ~(J
Meeting Date 9/13/05
ITEM TITLE:
Resolution Approving requests from Bonita Business and
Professional Association to conduct the Bonitafest and
Bonitafest parade on Saturday, September 24, 2005 and
waiving associated fees for police service and transit bus
service.
REVIEWED BY:
~1"6
Chief of Police (;A.,U'-"'"
Director of Human Resourcesl1lI7
/,( t P'f f r;-
City Managerc;t r (4/5ths Vote: Yes_ No
u
SUBMITTED BY:
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 33rd
Annual Bonitafest on Saturday, September 24, 2005 (Attachment A).
RECOMMENDATION: That Council adopt the resolution approving a temporary
closure of Bonita Road subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION: The Bonita Business and Professional Association (BBPA) is
sponsoring the 33rd Annual Bonitafest event on Saturday, September 24, 2005.
They are requesting a temporary street closure of Bonita Road to stage the parade.
The street closure would involve Bonita Road between Willow Street and Central
Avenue. Both Willow Street and Central Avenue will remain open at all times during
the closure. Streets intersecting Bonita Road between these points would also be
affected during the parade. The parade is scheduled to take place between 10:00
AM and 12:00 PM; the street closure would be in effect from approximately 8:00 AM
until 1 :00 PM to allow for staffing dispersion of the parade participants. A diagram of
the area is attached (Attachment B).
The parade will consist of marching units, marching bands, floats, and other motor
driven units, as well as equestrian units. All horses will be ridden by their owners.
Streamers, balloons and noise making devices will not be permitted along the
parade route. City of Chula Vista traffic and police units will be provided and the
fees waived. City Public Works crews will hang banners along Bonita Road and
Otay lakes Road in mid-August and remove them after September 25th.
The street closures would have an impact on City bus service in the area. Transit
has agreed to cancel and re-route bus service in the area during the parade. Transit
has agreed to erect signs advising of interrupted service.
A City bus will be provided, at no cost, to shuttle attendees from Bonita Vista High
School to Bonita Road throughout the day.
6-1
Item No {p
Meeting Date 9/13/05
Staff approval is recommended subject to the following conditions:
1. Prior to the event, both the BBPA (the Bonitafest sponsor) and Rotary District
5340 (sponsor of the parade) provide evidence, acceptable to the City, of
insurance for their respective sponsorships in the form of a Certificate of
Insurance and Policy Endorsement in the amount of $5 million naming the
City of Chula Vista as additional insured, and their insurance as primary.
2. Provide adequate traffic control equipment and "no parking" signs as
specified by the Chula Vista Police Department. This would include provision
of adequate signage, barricades, and traffic control equipment as specified by
the County of San Diego and the Sheriff's Department.
3. Provide adequate Police coverage at the event as determined by the Chula
Vista Police Department through coordination with the Chula Vista Police
Department and the County of San Diego (traffic and safety police will be
provided by the City of Chula Vista and the fees waived).
4. Return all City-owned property to pre-use condition including arrangements
for professional street sweeping and adequate trash control and disposal
throughout the affected area within twenty-four (24) hours after the event.
5. Provide a letter acceptable to the City Attorney from the BBPA in which the
BBPA agrees:
(1) Not to sue the City, its agents and employees for any act arising
from Bonitafest; and
(2) To defend, indemnify, release, protect and hold harmless, the City,
its agents and employees from any and all liability arising from
Bonitafest, excluding only that liability which may arise from the
sole negligence or sole willful conduct of the City.
FISCAL IMPACT: The Bonita Business Professional Association would be
responsible for all additional costs incurred in conducting the parade including
provisions for traffic safety equipment, street sweeping services, solid waste,
recycling and litter abatement services, and other related and required services and
supplies. The Police Department will be providing parade route tra.ffic control
services, the Transit Authority will be providing a bus to shuttle attendee's between
the staging area and the parade location. The estimated cost to provide these
services is $19,600 for the Police Department (at full cost recovery rates) and $400
for the Transit Authority. By authorizing this resolution, these fee's will be waived for
this event.
Attachment: "A" - Letter from BBPA and City Manager
"B" - Parade Route
6-2
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May 10. 2005 Celebrating Comllunlty i~ery September
;\oIr. D.ovid Rowlands. Jr.
t> t'J.i.ce 0 f !h~ City MQIlQ];o"
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RIO: BONrTt\f'~ST -"lJon; '" test ('om"" Aliw in ::O<I;!-
~~r ~IF. Rowlanrl.:
II is IImllim.: or year <'q;;Jin when plans an: underway for the 33rd Annu:!.1
The C9mmittee wishC:\ lo Ihunk the C:try "f ('hula Vista for OVl,.'T IIIirty Y,co or,upper!
ond "Ponsonohip. The Cily providos 10:)' :<tnff. polie<: ofliCt.'n<, public work mp!oy<:cs.
oftice .D1iJ;md city machinery lO provide (I rc.<live:rnd nfi! environmcn! to ,it" cil,?Cns.
non-ita fC$t is the longe~! running Strecl fnir I1nd p:>r.UIe jn the county.'
.
This yenr. BoniUlfr.:lit wm be fi<l!urdny. Sep!~mbc:r 24. 2005. The Cammo
requesting Lhat the Public W'Tb Lkp:zrlmenlpul up tbe Bonirtlr.,,;! banncn
Rood :uuI Obly J...tUces Rood. Due to our eommiuiv.:nt to local bu.";<U.'!<5O.'s.
the hQnnCl'$ instatled .bout the middle of AU!,'!Isr. The banner.: should co
Scpt.:mbcr 25"'.
IS
]1>ng Roni!o.
wouldli1cr.:
down aflcr
We are hopeful that II.~ in the pa$!. our requc-~t fur Ironic ""d '1I.f~ly police "II be: dOR.1tod
by the city. Bonm. Road i. historico.l1y ..lolle" (0 all tmf't1c frum Willow ad to Ola)'
L;Ikc.~'Roao from 9:00 a.m. until the poradc IS o\-er. L:b.'l y""r. Borubl. RM "'IUO closed.
,e:i~tbound for the crllin; l."Venl. Maybe We shoull] meel n:garding the logisli '. involved ih
Lh is sa fet)' concern,
IL is the desire of C:ounty Sltper':isOr Greg. ('n. u.n<.llvh.yor Steve Padilla'th the rih\xm.
cUlting for the new Counly I.ibmry and CiVic C'cn!<.'T 1;lke pl,,~ at Bonimk imml."!I;utcly
following the Purnd.. J3e""use otthis c.~citi1l~ l.-vetl4 I would Hie. to rcqucs !!wI n City
buS be donaled to shuttle aucndees from Bonit:l Vi.<:ta Hii/:h School to Bon; Road
throughout th~ day.1'int:C parkins is '''IC ofthc Iarg.:.~t ch:11'en~ WI:: II1"t: ~'\1 '~ionin3 thi.
YL-o:r. We nN foresednlt dozens ofm's :md media [1<X>plc will be al Ror1.i 'cst (or th~
ribbon eUllll1!;. anrl 0 shuul. bu.' will ,!(\Iilr:mt.. a sllc!'e,..1i.J1 day.
t" uddition. the City i.lns1:l!ling a stm:t di\~,k'r,in the:IL\.':L ofthc IJC\V tr:lt1'i ti&,'ht on
Bonita Road. We will need [I) know when thal will be comp]<;ted ~~ this wi I impact the
s:liety and p~Tforrn,'\l1Cr: rOTparndr: particip:mt>.
We o]so uo<l=tnnd thn[ we must have J"Ilid \."tnployees' pi~k. up the tr.uh a sIre1:t
sweepct conlrnctt:d tor :1n~'T the cvcnL Furthem1C'>I'C, IJio luve c<lmplied wi the:
increased 1i.a~llity womnce required to hos! )3onimfcsL
As :!1W;lY~. I um gI<lteful for all your help nnd input. Bonit.fest i~ >'0 ~'\IC fu! bccltuse
of the partnl.on;hip from the thy ofChulu VislJ. the County of Son Pier;;<.> an the BBPA.
SpoI\sored ay the Bolita Baslness and l'.ffi'eABioaal MsodaUon
. I'iIM 0IIk... Boo. ZM . II<>IriIc. t\ 51998
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C~JgA.TIONS
PAGE ~2
~CI: yoO ~t th~ Pal':1d~. A
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41l$-9A44 (Atrin l1ol'lita)
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0-5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING
REQUESTS FROM BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT
THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 24, 2005 AND
WAIVING ASSOCIATED FEES FOR POLICE
SERVICE AND TRANSIT BUS SERVICE.
WHEREAS, the Bonita Business and Professional Association (BBPA) will be
conducting the Bonitafest event on Saturday, September 24, 2005; and
WHEREAS, street closure would involve Bonita Road between Willow Street and
Central Avenue. Both Willow Street and Central Avenue will remain open at all times
during the closure. Streets intersecting Bonita Road between these points would also be
affected during the parade. The parade is scheduled to take place between 10;00 AM
and 12:00 PM; the street closure would be in effect from approximately 8:00 AM and
5:00 PM.; and
WHEREAS, the Bonita Business and Professional Association will provide
evidence of insurance in the form of a Certificate of insurance and policy endorsement,
acceptable to the City, in the amount of $5 million dollars naming the City of Chula Vista
as additional insured, and their insurance company as primary; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate traffic control equipment and "no parking" signs as specified by the Chula Vista
Police Department. This would include provision of adequate signage, barricades, and
traffic control equipment as specified by the County of San Diego and the Sheriff's
Department on the portion of Allen School Road outside the city limits; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate police coverage at the event as determined by the Chula Vista Police
Department through coordination with the Chula Vista Police Department and the San
Diego County Sheriff's Department; City fees for police officers will be waived; and
WHEREAS, all City-owned property will be returned to pre-use condition; and
WHEREAS, the sponsor shall develop and implement a solid waste
management plan approved by the Conservation Program to prevent litter, provide
recycling, and disposal throughout the affected area during the event including
arrangements for professional street sweeping immediately following the event; and
WHEREAS, a letter of acceptance shall be provided to the City Attorney from the
BBPA in which BBPA agrees to not sue the City, its agents and employees for any act
arising from Bonitafest; and to defend, indemnify, release, protect and hold harmless,
the City, its agents and employees from any and all liability arising from the Bonitafest,
excluding only that liability which may arise from the sole negligence or sole willful
conduct of the City; and
WHEREAS, the event organizers are requesting that the fee's for police services
and transit services be waived.
~-(p
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve requests from Bonita Business and
Professional Association to conduct the Bonitafest and Bonitafest parade on
Saturday, September 24, 2005 and waiving associated fee's for police service
and transit bus service.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
~.Y1~ ~ ~~
Ann Moore
City Attorney
&'-7
COUNCIL AGENDA STATEMENT
ITEM 1
MEETING DATE 09/13/05
ITEM TITLE:
RESOLUTION Adopting ICMA VantageCare Retirement Health
Savings (RHS) Plan as allowed by private letter rulings issued by the
Internal Revenue Service
DIRECTOR OF HUMAN RESOURCES /n . ~
CITY MANAGER f0 rr
(4/5th Vote: Yes_ No X)
SUBMITTED BY:
REVIEWED BY:
The continuing cost increase in health insurance, long-term care and prescription drugs
means that retirees are increasingly responsible for growing medical costs. The City Of
Chula Vista will offer a retiree health benefit savings plan to all represented employees
through ICMA's VantageCare Retirement Health Savings (RHS) Plan. RHS is a health
benefit savings vehicle that allows employees to fund their retirement medical needs
through pre-tax contributions while employed. RHS plan funds are available for distribution
for qualified health care costs on a tax-free basis upon retirement or separation from city
service.
RECOMMENDATION:
That Council adopts the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Effective January 1, 2006, the City Of Chula Vista will offer ICMA's RHS Plan to employees
on a voluntary basis. The RHS Plan is an employer-sponsored health benefit savings
vehicle that allows employees to accumulate funds to pay for qualified medical, dental and
vision expenses, long-term care premiums, out of pocket medical expenses, medical
premiums, etc. on a tax-free basis.
The plan allows employees to invest dollars on a pre-tax basis in mutual funds.
Accumulation of earnings on the funds is tax-free and the distribution of funds is tax-free
when account assets are used to pay for the qualified medical expenses of the employee,
the employee's spouse, and the employee's dependents as defined by the Internal
Revenue Service (IRS). Unused accumulated earnings may be passed to the employee's
beneficiary at the time of death.
J;\Editha.Q\Editha\AGENDA ST ATEMEN1\A! 13\Pre-retirement Hca.lth SavingsZ005.doc
91612005
7-1
Pagclof2
Under the terms agreed upon during the meet and confer process, employees may
irrevocably elect to convert up to two weeks of prospective annual leave, in 40-hour
increments to the RHS Plan, provided the employee has a combined vacation and sick
leave balance of 480 hours as of the employee's first paycheck in October. Additionally,
employees will be permitted to make a one-time irrevocable election to contribute all, or
any portion, of their accrued vacation leave to the RHS Plan upon separation or retirement
from City service. The election to convert leave into an RHS Plan contribution must be
made in the calendar year prior to the year in which the contribution is made.
Throughout the term of the various labor agreements, the City will continue researching
I RS regulations to assess the implications of offering other types of voluntary contributions
that can be made to the RHS Plan such as employee contributions on a biweekly basis.
The legal basis for the RHS Plan is codified in the Internal Revenue Code (IRS) and its
parameters are clarified by several private letter rulings (PLR) issued by the IRS. If the City
does not meet IRS regulations or if IRS regulations change for any reason, this benefit may
be discontinued.
The City has prepared and reviewed the Adoption and Trust Agreement (Attachment A),
the Retirement Health Savings Plan Document (Attachment B) and Administrative Services
Agreement (Attachment C). These documents contain specific language regarding
administration of the program.
FISCAL IMPACT:
The City of Chula Vista will not be assessed an employer plan fee. ICMA VantageCare
RHS Plan will directly charge the employee an annual fee in addition to asset and
investment fees. RHS Plan will have no fiscal impact to the General Fund. There will be
minimum savings related to federal, state and Medicare taxes.
Attachments: A - Declaration of Trust
B - Retirement Health Savings Plan Document
C - Administrative Services Agreement
J:\EdithaQ\Editha\AGENDA STATEMENT\AllJ\Prc.n:tircmcnt Health Savings2005_doc
9/612005
7-2
Pagc2cf2
ATTACHMENT A
DECLARATION OF TRUST OF THE
City of Chula Vista
NAME OF EMPLOYER
INTEGRAL PART TRUST
7-3
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
DECLARATION OF TRUST OF THE
City of Chula Vista
NAME OF EMPLOYER
INTEGRAL PART TRUST
Declaration of Trust made as of the
day of
,20_,
by and between the
City of Chula Vista
CA
a
public agency
Name of EmployE"l"
State
Type or EntJty
(hereinafter referred to as the "Employer") and
referred to as the ''Trustee'').
City Manager
Name of Trustee
or its designee (hereinafter
RECITALS
WHEREAS, the Employer is a political subdivision of the State of
exempt from federal income tax under the Internal Revenue Code of 1986; and
California
State
WHEREAS, the Employer provides for the security and welfare of its eligible employees (here-
inafter referred to as "Participants"), their Spouses, Dependents and Beneficiaries by the maintenance of
one or more post-retirement welfare benefit plans, programs or arrangements which provide for life,
sickness, medical, disability, severance and other similar benefits through insurance and self-funded
reimbursement plans (collectively the "Plan"); and
WHEREAS, it is an essential function and integral part of the exempt activities of the Employer
to assist Participants, their Spouses, Dependents and Beneficiaries by making contributions to and accu-
mulating assets in the trust. a segregated fund, for post-retirement welfare benefits under the Plan; and
WHEREAS, the authority to conduct the general operation and administration of the Plan is
vested in the Employer or its designee, who has the authority and shall be subject to the duties with
respect to the trust specified in this Declaration of Trust; and
WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan
for the exclusive benefit of Plan Participants, their Spouses, Dependents and Beneficiaries;
tion of Trust of the
NOW, THEREFORE, the parties hereto do hereby establish this trust, by executing the Declara-
City of Chula Vista
Name of Employer
as the "Trust"). and agree that the following constitute the Declaration of Trust (hereinafter referred to as
the "Declaration"):
Integral Part Trust (hereinafter referred to
7-4
ARTICLE I
Definitions
1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective
meanings set forth below unless otherwise expressiy provided.
(a) "Account" means the individual recordkeeping account maintained under the Plan to record the
interest of a Participant in the Plan in accordance with Section 7.4.
(b) "Administrator" means the Employer or the entity designated by the Employer to carry out admin-
istrative services as are necessary to implement the Plan.
(c) "Beneficiary" means the Spouse and Dependents, or the person or persons designated by the
Participant pursuant to the terms of the Plan, who will receive any benefits payable hereunder in
the event of the Participant's death. A Beneficiary may also designate a beneficiary(ies} to receive
any benefits payable hereunder in the event of the preceding Beneficiary's death, until the satisfac-
tion of all liabilities under the Plan to provide benefits. In the case where there is no designated
Beneficiary, any amount of contributions, plus accrued earnings thereon, remaining in the Account
must, under the terms of the Plan, be returned to the Trust.
(d) "Code" means the Internal Revenue Code of 1986, as amended from time to time.
(e) "Dependent" means an individual who is a person described in Code Section 152(a).
(f) "Investment Fund" means any separate investment option or vehicle selected by the Employer in
which all or a portion of the Trust assets may be separately invested as herein provided. The
Trustee shall not be required to select any Investment Fund.
(g) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse, Depend-
ent or Beneficiary (whichever is applicable) in the percentage of Participant's Employer's contribu-
tion which has vested pursuant to the vesting schedule specified in the Employer's Plan. A Partici-
pant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in the Partici-
pant's own contributions.
(h) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in
which the Participant has his primary place of residence.
(i) "Trust" means the trust established by this Declaration.
OJ "Trustee" means the Employer or the person or persons appointed by the Employer to serve in
that capacity.
7-5
RETIREMENT HEALTH SAVINGS PLAN
ARTICLE II
Establishment of Trust
2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Partici-
pants, their Spouses, Dependents and Beneficiaries.
ARTICLE III
Construction
3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of
California
State
3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine
gender where appropriate, and the singular form of words shall be read as the plural where appropriate.
3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall
not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of
this Trust.
ARTICLE IV
Benefits
4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse, Dependents and
Beneficiary(ies) pursuant to the terms of the Plan.
4.2 Form of Benefits. This Trust may provide benefits by cash payment. This Trust may reimburse the
Participant, his Spouse, Dependents or Beneficiary(ies) for insurance premiums or other payments ex-
pended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the
Administrator for insurance premiums.
ARTICLE V
General Duties
5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name
as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to com-
pute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts
as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody,
investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are
performed by the Employer or the Administrator, or both.
5.2 It shall be the duty ofthe Employer, subject to the provisions of the Plan, to pay overto the Adminis-
trator or other person designated hereunder from time to time the Employer's contributions and Partici-
pants' contributions under the Plan and to inform the Trustee in writing as to the identity and value of the
assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to the
Participants of the Plan.
7-6
ARTICLE VI
Investments
6.1 The Employer may appoint one or more investment managers to manage and control all or part of the
assets of the Trust and the Employer shall notify the Trustee in writing of any such appointment.
6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and
shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the
Employer (or Participants, their Spouses and Dependents, or Beneficiaries to the extent provided herein)
the Trustee is authorized and empowered with the following powers, rights and duties, each of which the
Trustee shall exercise in a nondiscretionary manner:
(a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee
or in the name of a nominee, or to take and keep the same unregistered;
(b) To employ such agents and legal counsel as it deems advisable or proper in connection with its
duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be
liable for the acts of such agents and counselor for the acts done in good faith and in reliance
upon the advice of such agents and legal counsel, provided it has used reasonable care in
selecting such agents and legal counsel;
(c) To exercise where applicable and appropriate any rights of ownership in any contracts of
insurance in which any part of the Trust may be invested and to pay the premiums thereon;
and
(d) At the direction of the Empioyer (or Participants, their Spouses, their Dependents, their Benefi-
ciaries, or the investment manager, as the case may be) to sell, write options on, conveyor
transfer, invest and reinvest any part thereof in each and every kind of property, whether real,
personal or mixed, tangible or intangible, whether income or non-income producing and
wherever situated, including but not limited to, time deposits (including time deposits in the
Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of
interest). shares of common and preferred stock, mortgages, bonds, leases, notes, debentures,
equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securi-
ties and other corporate, individual or government securities or obligations, annuity, retire-
ment or other insurance contracts, mutual funds (including funds for which the Trustee or its
affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units
of any other common, collective or commingled trust fund.
6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as
title holder only. Persons holding custody or possession of assets titled to the Trust shall include the
Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee.
The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from
compliance with any direction from the Employer, the Administrator, the investment manager, or such
agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense
which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if
the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may
refuse to comply with any direction from the Employer, the Administrator, the investment manager, or
such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal.
6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims,
demands, liabilities, losses, damages or reasonable expenses of whatsoever kind and nature in connection
with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the
directions of the Employer or its agents and subagents hereunder, or (ii) any disbursements of any part of
the Trust made by the Trustee in accordance with the directions of the Employer, or (Iii) any action taken
by or omitted in good faith by the Trustee with respect to an investment managed by an investment
manager in accordance with any direction of the investment manager or any inaction with respect to any
7-7
RETIREMENT HEALTH SAVINGS PLAN
such investment in the absence of directions from the investment manager. Notwithstanding anything to
the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemni-
fication if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken
by it under the provisions of this Trust.
6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer,
the Administrator and the investment manager or another agent of the Employer, will be responsible for
valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing
of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims,
actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise
from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such
assets.
6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all ac-
tions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever kind and
nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer,
the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of
Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator,
the investment manager or agents thereof; and (c) the Trustee's negligence, willful misconduct, or reck-
lessness with respect to the Trustee's duties under this Declaration.
ARTICLE VII
Contributions
7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the
Plan or by resolution.
7.2 Participant Contributions. If specified in the Plan, each Participant may make voluntary after-tax
contributions. Under no circumstances shall Participant Contributions exceed an insubstantial amount.
These contributions shall be collected by the Employer and remitted to the Trust for deposit at such time
or times as required under the terms of the Plan.
7.3 Accrued Leave. Contributions up to an amount equal to the value of accrued sick leave, vacation
leave, or other type of accrued leave, as permitted under the Plan. The Employer's Plan must provide a
formula for determining the value of the Participant's contribution of accrued leave. The Employer's Plan
must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash
in lieu of a contribution to the Trust.
7.4 Accounts. Employer contributions, Participant contributions, and contributions of accrued leave, all
investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be
deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his
Spouse, Dependents and Beneficiaries. The assets in each Participant's Account may be invested in
Investment Funds as directed by the Participant (or, after the Participant's death, by the Spouse,
Dependents or Beneficiaries) from among the Investment Funds selected by the Employer.
7.5 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or
investment manager or another agent of the Employer, shall receive all contributions paid or delivered to
it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declara-
tion, without distinction between principal and income. The Trustee shall not be responsible for the
calculation or collection of any contribution under the Plan, but shall hold title to property received in
respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this
Declaration.
7-8
7.6 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or
alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Em-
ployer, the Trustee, any Participant, his Spouse, Dependent, or Beneficiaries.
7.7 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer
contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms
of the Plan, be returned to the Employer.
ARTICLE VIII
Other Plans
Ifthe Employer hereafter adopts one or more other plans providing life, sickness, accident, medical,
disability, severance, or other benefits and designates the Trust hereby created as part of such other plan,
the Employer or, if so designated by the Employer, the Administrator or an investment manager or an-
other agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder
contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, may commingle for invest-
ment purposes the contributions received under such other plan or plans with the contributions previously
received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the
Administrator or an investment manager or another agent of the Employer, shall at all times show the
portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to
refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to
the person or group of persons which have been designated by the terms of such other plans as having
the authority to control and manage the operation and administration of such other plan.
ARTICLE IX
Disbursements and Expenses
9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons
and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no
payment shall be made, either during the existence of or upon the discontinuance of the Pian (subject to
Section 7.7), which would cause any part of the Trust to be used for or diverted to purposes other than the
exclusive benefit of the Participants, their Spouses and Dependents, and Beneficiaries pursuant to the
provisions of the Plan.
9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of
the Participants to whom or to whose Spouse, Dependents, or Beneficiaries such payments are to be
made, and no person shall be entitled to look to any other source for such payments.
9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by
them in the administration of the Trust. All such expenses, Including, without limitation, reasonable fees
of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against
and shall be paid from the Trust upon the direction of the Employer.
ARTICLE X
Accounting
10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and
other transactions of the Trust, except as necessary to perform its title-holding function hereunder. All
accounts, books, and records relating thereto shall be maintained by the Employer or its designee.
7-9
RETIREMENT HEALTH SA VINGS PLAN
10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a
written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its
designee.
ARTICLE XI
Miscellaneous Provisions
11.1 Neither the Trustee nor any affiiiate thereof shall be required to give any bond or to qualify before, be
appointed by, or account to any court of law in the exercise of its powers hereunder.
11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look
to the propriety of the acts of the Trustee in connection therewith.
11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the
Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of
the Trustee under this Declaration.
11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for
three (3) years after the termination of this Declaration to examine, audit. inspect, review, extract informa-
tion from, and copy all books, records, accounts, and other documents of the Trustee relating to this
Declaration and the Trustees' performance hereunder.
ARTICLE XII
Amendment and Termination
12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration
at any time for any reason without the consent of the Trustee or any other person, provided that no
amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the
execution of the Trustee to the amendment. Any such amendment shall become effective as of the date
provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the
Trustee, if the Trustee's execution is not required.
12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to
provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining
in such separate Accounts must, under the terms of the Plan, be returned to the Employer.
ARTICLE XIII
Successor Trustees
13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving
ninety (90) days' advance written notice.
13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice
to the Employer.
13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trus-
tee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declara-
tion, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and
responsibilities for the Trust.
7-10
ARTICLE XIV
Limited Effect of Plan and Trust
Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or
account, nor the payment of any benefits, shall be construed as giving to any person covered under the
Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or
any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this
Declaration.
ARTICLE XV
Protective Clause
Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any con-
tract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the
part of the insurer or provider to make payments provided by such contract. or for the action of any per-
son which may delay payment or render a contract void or unenforceable in whole or in part.
7-11
RETIREMENT HEALTH SAVINGS PLAN
IN WITNESS WHEREOF, the Employer and the Trustee have executed this Declaration by their respective
duly authorized officers, as of the date first hereinabove mentioned.
EMPLOYER:
By: Title:
TRUSTEES:
By: Title:
By: Title:
By: Title:
7-12
City of Chula Vista
Retiree Health Savings Plan
Plan Year 2006
7-13
ATTACHMENT B
RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN
Article I Preamble
1.01 Establishment of Plan
1.02 Purpose of Plan
Article II Definitions
2.01 "Beneficiary
2.02 "Benefits"
2.03 "Code"
2.04 "Dependent"
2.05 "Eligible Medical or Dental Expenses"
2.06 "Employer"
2.07 "Entry Date"
2.08 "Participant"
2.09 "Plan Administrator"
2.10 "Plan Year"
2.11 "Retiree"
2.12 "Spouse"
Article III Eligibility
3.01 General Requirements
Article IV Amount of Benefits
4.01 Annual Benefits Provided by the Plan
4.02 Cost of Coverage
Article V Payment of Benefits
5.01 Eligibility for Benefits
5.02 Claims for Benefits
Article VI Plan Administration
6.01 Allocation of Authority
6.02 Provision for Third-Party Plan Service Providers
6.03 Several Fiduciary Liability
6.04 Compensation of Plan Administrator
6.05 Bonding
6.06 Payment of Administrative Expenses
6.07 Timeliness of Payments
6.08 Annual Statements
Article VI Claims Procedure
7.01 Procedure if Benefits are Denied Under the Plan
7.02 Requirement for Wrinen Notice of Claim Denial
7.03 Right to Request Hearing on Benefit Denial
7.04 Disposition of Disputed Claims
7.05 Preservation of Other Remedies
Article VIII Amendment or Termination of Plan
8.01 Permanency
8.02 Employer's Right to Amend
8.03 Employer's Right to Terminate
7-14
Article IX General Provisions
9.01 No Employment Rights Conferred
9.02 Payments to Beneficiary
9.03 Nonalienation of Benefits
9.04 Mental or Physical Incompetency
9.05 Inability to Locate Payee
9.06 Requirement of Proper Forms
9.07 Source of Payments
9.08 Tax Effects
9.09 Multiple Functions
9.10 Gender and Number
9.11 Headings
9.12 Applicabie Laws
9.13 Severability
7-15
ARTICLE I
Preamble
THIS INSTRUMENT made and published by City of Chula Vista
"Employer") on the _ day of .20_. creates the
and Dental Expense Reimbursement Plan. as follows:
(hereinafter called
Retiree Medical
1.01 Establishment of Plan
The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement
Plan as of the 1st day of January , 20~.
1.02 Purpose of Plan
This Plan has been established to reimburse the eligible employees of the Employer for medical and dental
expenses incurred by them. their Spouses. Dependents, and Beneficiaries pursuant to the Employer's
VantageCare Retirement Health Savings (RHS) Plan.
ARTICLE II
Definitions
The following words and phrases as used herein shall have the following meanings. unless a different
meaning is piainly required by the context:
2.01 "Beneficiary" means the person or persons designated pursuant to the terms of the Plan, who will
receive any Benefits payable hereunder in the event of the Participant's death. A Beneficiary may also
designate a beneciary(ies) to receive any benefits payable hereunder in the event of the preceeding Ben-
eficiary's death until the satisfaction of all liabilities under the plan to provide benefits.
2.02 "Benefits" means any amounts paid to a Participant or Beneficiary in the Plan as reimbursement for
Eligible Medical and Dental Expenses incurred by the Participant or Beneficiary during a Plan Year by him,
his Spouse, his Dependents. or his Beneficiary.
2.03 "Code" means the Internal Revenue Code of 1986, as amended.
2.04 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code
Sec. 152.
2.05 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible
for reimbursement in the VantageCare Retirement Health Savings Plan Adoption Agreement.
2.06 "Employer" means the unit of state or local government creating this Plan. or any affiliate or succes-
sor thereof that likewise adopts this Plan.
2.07 "Entry Date" means the first day the Participant meets the eligibility requirements of Article III as of
such Date.
2.08 "Participant" means any Retiree who has met the eligibility requirements set forth in Article III.
2.09 "Plan Administrator" means the Employer or other person appointed by the Employer who has the
authority and responsibility to manage and direct the operation and administration of the Plan.
WEmployee" means any individual directly employed by the City of Chula Vista and working in a part-time or full-time benefitted position.
7-16
2.10 "Plan Year" means the annual accounting period ofthe Plan. which begins on the 1st day of
January , 20 ~, and ends on the ~ day of December , 20~, with respect to the first
Plan Year. and thereafter as long as this Plan remains in effect, the period that begins on January 1
and ends on December 31
2.11 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a
legal employer-employee relationship with the Employer for federal withholding tax purposes, and who
was part of the classification of employees designated as covered by the Employer's VantageCare Retire-
ment Health Savings Plan.
2.12 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which
the Participant has his primary place of residence.
All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in
which they appear.
ARTICLE III
Eligibility
Each employee who meets the eligibility requirements outiined in the Employer's VantageCare Retirement
Health Savings Plan shall be eligible to participate in this Plan.
ARTICLE IV
Amount of Benefits
4.01 Annual Benefits Provided by the Plan
Each Participant shall be entitled to reimbursement for his documented, Eligible Medical or Dental Ex-
penses incurred during the Plan Year in an annual amount not to exceed the account balance of the Partici-
pant in the Employer's VantageCare Retirement Health Savings Plan.
4.02 Cost of Coverage
The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Em-
ployer's VantageCare Retirement Heaith Savings Plan.
ARTICLE V
Payment of Benefits
5.01 Eligibility for Benefits
(aJ Each Participant in the Plan shall be entitied to a benefit hereunder for all Eligible Medical and
Dental Expenses incurred by the Participant on or after the Entry Date of his or her participa-
tion, (and after the effective date of the Plan) subject to the limitations contained in this Articie
V, regardless whether the mental or physical condition for which the Participant makes applica-
tion for benefits under this Plan was detected, diagnosed, or treated before the Participant
became covered by the Plan.
(b) In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria
outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement.
7-17
(c) A Participant who becomes totally and permanently disabled (as defined by the Social Security
Administration) will' become immediately eligible to receive medical benefit payments from the
Plan. Pursuant to Section 9.02 and Employer's VantageCare Retirement Health Savings Plan
Adoption Agreement, the surviving Spouse and Dependents, or Beneficiary(ies) shall become
immediately eligible to receive or to continue receiving medical benefit payments from the
Plan upon the death of the Participant.
5.02 Claims for Benefits
No benefit shall be paid hereunder unless a Participant, his Spouse,Dependent or Beneficiary has first
submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Adminis-
trator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented
claim, the Plan Administrator shall pay the Participant, his Spouse, Dependent or Beneficiary the benefits
provided under this Plan as soon as is administratively feasible.
ARTICLE VI
Plan Administration
6.01 Allocation of Authority
The Employer shall control and manage the operation and Administration of the Plan. The Employer shall
have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the
right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer
with respect to any matter hereunder shall be conclusive and binding on all persons.
Without limiting the generality of the foregoing, the Employer shall have the following powers and duties:
(a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in
the Plan, in accordance with the provisions of the Plan;
(b) To determine the amount of benefits that shall be payable to any person in accordance with the
provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of such
Benefits; and to provide a full and fair review to any Participant whose claim for benefits has
been denied in whole or in part; and
(c) To designate other persons to carry out any duty or power which would otherwise be a fiduci-
ary responsibility of the Plan Administrator, under the terms of the Plan.
(d) To require any person to furnish such reasonable information as it may request for the purpose
of the proper administration of the Plan as a condition to receiving any benefits under the Plan;
(e) To make and enforce such rules and regulations and prescribe the use of such forms as he
shall deem necessary for the efficient administration of the Plan.
6.02 Provision for Third-Party Plan Service Providers
The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as
it may deem necessary or desirable in connection with operation of the Plan. The Plan Administrator, the
Employer (and any person to whom it may delegate any duty or power in connection with the administra-
tion of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates,
reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are
actuaries or accountants). consultant, third party administration service provider, legal counsel, or other
specialist, and they shall be fully protected in respect to any action taken or permitted in good faith in
reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons.
7-18
6.03 Several Fiduciary Liability
To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability
for any acts or for failure to act except for his own willful misconduct or willful breach of this Plan.
6.04 Compensation of Plan Administrator
Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for
services rendered in such capacity, but all reasonable expenses incurred in the performance of his duties
shall be paid by the Employer.
6.05 Bonding
Unless otherwise determined by the Employer, or unless required by any Federal or. State law, the Plan
Administrator shall not be required to give any bond or other security in any jurisdiction in connection
with the administration of this Plan.
6.06 Payment of Administrative Expenses
All reasonable expenses incurred in administering the Plan, including but not limited to administrative
fees and expenses owing to any third party administrative service provider, actuary, consuitant, account-
ant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator
in connection with the administration thereof, shall be paid by the Employer, provided, however that each
Participant shall bear the monthly cost (if any) charged by a third party administrator for maintenance of
his Benefit Account unless otherwise paid by the Employer.
6.07 TImeliness of Payment for Benefits
Payment for Benefits shall be made as soon as administratively feasible after the required forms and
documentation have been received by the Plan Administrator.
6.08 Annual Statements
The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental
expense reimbursement account within ninety (90) days after the close of each Plan Year.
ARTICLE VII
.
Claims Procedure
7.01 Procedure if Benefits are Denied Under the Plan
.
Any Participant, Spouse, Dependent, or Beneficiary, or his duly authorized representative may file a claim
for a plan benefit to which the claimant believes that he is entitled. Such a claim must be in writing on a
form provided by the Plan Administrator and delivered to the Plan Administrator, in person or by mail.
postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the
claimant, by mall, postage prepaid, notice of the granting or denying, in whole or in part, of such claim,
unless special circumstances require an extension of time for processing the claim. In no event may the
extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the
claimant will be given a written notice to this effect prior to the expiration of the initial 3D-day period. The
Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the
denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and
the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04.
7-19
7.02 Requirement for Written Notice of Claim Denial
The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice
setting forth in a manner calculated to be understood by the claimant:
(a) The specific reason or reasons for the denial;
(b) Specific reference to pertinent Plan provisions on which the denial is based;
(c) A description of any additional material of information necessary for the claimant to perfect the
claim and an explanation of why such material is necessary, and
(d) An explanation of the Plan's claim review procedure.
7.03 Right to Request Hearing on Benefit Denial
Within sixty (60) days after the receipt by the claimant of written notification of the denial (in whole or in
part) of his claim, the claimant or his duly authorized representative, upon written application to the Plan
Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may
review pertinent documents, and may submit issues and comments in writing.
7.04 Disposition of Disputed Claims
Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on
the review. The decision on review shall be written in a manner calculated to be understood by the claim~
ant and shall include specific reasons for the decision and specific references to the pertinent plan provi-
sions on which the decision is based. The decision on review shall be made not later than sixty (60) days
after the Plan Administrator's receipt of a request for a review, unless special circumstances require an
extension of time for processing, in which case a decision shall be rendered not later than one hundred-
twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be
given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of
the decision on the review is not furnished in accordance with this Section, the claim shall be deemed
denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05.
7.05 Preservation of Other Remedies
After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from
pursuing any other legal or equitable remedy otherwise available.
ARTICLE VIII
Amendment or Termination of Plan
8.01 Permanency
While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future busi-
ness contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate
the Plan, as provided in Sections 8.02 and 8.03, below.
8.02 Employer's Right to Amend
The Employer reserves the right to amend the Plan at any time and from time-to-time, and retroactively if
deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of
subsequent revenue or other Jaws, or the rules and regulations in effect under any of such Jaws or to
conform with governmental regulations or other policies, to modify or amend in whole or in part any or all
of the provisions of the Plan.
7-20
8.03 Employer's Right to Terminate
The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice.
ARTICLE IX
General Provisions
9.01 No Employment Rights Conferred
Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be con-
tinued in the employment of the Employer.
9.02 Payments After Death of Participant
Any benefits otherwise payable to a Participant following the date of death of such Participant shall be
paid as outlined in the Employer's VantageCare Retirement Health Savings Plan Adoption Agreement.
9.03 Nonalienation of Benefits
No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assign-
ment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan
shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any
person. If any person entitied to benefits under the Plan becomes bankrupt or attempts to anticipate,
alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is
made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person
entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and
terminate in the discretion of the Plan Administrator, and he may hold or apply the same or any part
thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as
he may deem proper.
9.04 Mental or Physical Incompetency
If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent
by reason of physical or mental disability, he may cause all payments thereafter becoming due to such
person to be made to any other person for his benefit, without responsibility to follow the application of
amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Adminis-
trator and the Employer.
9.05 Inability to Locate Payee
If the Plan Administrator is unable to make payment to any Participant or other person to whom a pay-
ment is due under the Plan because he cannot ascertain the identity or whereabouts of such Participant or
other person after reasonable efforts have been made to identify or locate such person (including a notice
of the payment so due mailed to the last known address of such Participant or other person as shown on
the records of the Employer), such payment and all subsequent payments otherwise due to such Partici-
pant or other person shall be escheated under the laws of the State of the last known address of the
Participant or other persons eligible for benefits.
9.06 Requirement of Proper Forms
All communications in connection with the Plan made by a Participant shall become effective only when
duly executed on forms provided by and filed with the Plan Administrator.
7-21
ATTACHMENT C
August 11. 2005
Edith Quicho
City Of Chula Vista
276 41h Avenue
Chuia Vista. CA 91910
RE: VantageCare Retirement Health Savings Plan No. 801213
Dear Ms. Quicho:
This letter agreement will serve to amend the existing Administrative Services Agreement
between City of Chula Vista (the "City") and the ICMA Retirement Corporation ("ICMA-RC") to
provide the City of Chula Vista VantageCare Retirement Health Savings (RHS) Plan for the City's
eligible employees ("Accountholders").
The existing Agreement between Empioyer and ICMA-RC is hereby amended as follows:
1. Employer desires to make the RHS plan administered by ICMA-RC available to its
employees. The details of the RHS plan shall be as mutually agreed between the City
and ICMA-RC. but in general shall be as set forth in the RHS plan materials developed
by ICMA-RC and provided to the City. RHS plan materials shall include the VantageCare
RHS Employer Manual. available electronically through the EZ Link System upon plan
adoption.
2. The City agrees that this Addendum and the terms set forth and referenced herein shall
be in effect for an initial term beginning on the date the Addendum is executed by the City
belDw and ending 5 years after that date. The Addendum will be renewed autDmatically
fDr each succeeding year unless written nDtice Df termination is prDvided by either party
no less than 60 days before the end Df such extension year.
3. Absent an explicit agreement tD the cDntrary between ICMA-RC and the City.
AccDunthDlder fees and expenses shall be payable from RHS assets. in accDrdance with
the requirement of the RHS plan as set fDrth in paragraph 9 belDw.
4. Each Accountholder will receive a cDnsolidated quarterly statement providing infDrmatiDn
for any deferred compensation plan. qualified plan Dr RHS accDunt maintained by each
AccDuntholder and administered by ICMA-RC.
5. Tax withhDlding and reporting will be provided by ICMA-RC and its agents in conjunctiDn
with the City fDr each RHS Account administered by ICMA-RC.
6. InformatiDn required tD be retained by the City shall be set fDrth in the RHS plan materials
develDped by ICMA-RC and prDvided tD the City.
7. The details Df ICMA-RC's administration of the RHS plan, as well as Dther features of the
RHS plan. shall be as set fDrth in RHS plan materials. The RHS plan materials are
hereby incDrporated by reference and made a part Df this Agreement. except that the City
and ICMA-RC may from time to time mutually agree in writing to terms that vary frDm the
RHS plan materials.
7-22
9. Accountholder's account administration fees will be paid from RHS assets according to the
following schedule:
ft. Employer with ICMA-RC 9401 and 9457 retirement plan average participant account
balances of $25,000 or more:
A $30 annual account fee will be charged to each Accountholder's account. The fee will
be charged against the account on a quarterly basis. In addition, an annual asset fee of
0.30% (30 basis points) will be charged on a quarterly basis, based on the balance in the
account on the last day of the previous quarter.
b. Employer with ICMA-RC 9401 and 9457 retirement plan average participant account
balances of less than $25,000, or Employer who does not currently have a retirement
plan with ICMA-RC:
A $30 annual account fee will be charged to each Accountholder's account. The fee will
be charged against the account on a quarterly basis. In addition, an annual asset fee of
0.40% (40 basis points) will be charged on a quarterly basis, based on the balance. in the
account on the last day of the previous quarter.
When the average participant account balance of the Employer's 9401 and 9457
retirement plans with ICMA-RC totals $25,000 or more (based on the balances in the
Employer's retirement plans on the last day of the previous quarter), the pricing detailed
in paragraph 9.a. shall apply beginning in the subsequent quarter.
For De Minimis account payments (as defined in the RHS plan materials), there will be a fee
of $25 collected at the time of disbursement.
Account administration fees are subject to change with appropriate prior notification.
If City of Chula Vista finds these terms agreeable, please so indicate by having the appropriate
person sign and date this letter agreement in the space indicated below.
Very truly yours,
tt1A44
Paul Gallagher
Corporate Secretary
Agreed:
I
Authorized Official
Date
2
7-23
RESOLUTION NO. 2005-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING ICMA VANTAGECARE
RETIREMENT HEALTH SAVINGS (RHS) PLAN AS
ALLOWED BY PRIVATE LETTER RULINGS ISSUED BY
THE INTERNAL REVENUE SERVICE
WHEREAS, effective January 1, 2006, the City of Chula Vista will offer lCMA's RHS
Plan to employees on a voluntary basis; and
WHEREAS, the RHS Plan is an employer-sponsored health benefit savings vehicle that
allows employees to accumulate funds to pay for qualified medical, dental and vision expenses,
long-term care premiums, out of pocket medical expenses, medical premiums, etc. on a tax free
basis; and
WHEREAS, the City of Chula Vista will offer a retiree health benefit savings plan to all
represented employees through lCMA's VantageCare Retirement Health Savings (RHS) Plan;
and
WHEREAS, accumulation of earnings on the funds is tax-deferred and the distribution of
funds is tax-free when account assets are used to pay for the qualified medical expenses of the
employee, the employee's spouse, and the employee's dependents as defined by the Internal
Revenue Service (IRS); and
WHEREAS, the legal basis for the RHS Plan is codified in the Internal Revenue Code
(IRC) and its parameters are clarified by several private letter rulings issued by the IRS; and
WHEREAS, the City has prepared and reviewed the Adoption and Trust Agreement, the
Retirement Health Savings Plan document and Administrative Services Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby adopt lCMA VantageCare Retirement Health Savings Plan as allowed by private
letter rulings issued by the Internal Revenue Service.
Presented by
Approved as to form by
~~~~~~,
Ann oore
City Attorney
Marcia Raskin
Director of Human Resources
J:\Attomey\Reso\benefits\icma vantageCare
7-24
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 09/13/05
?
ITEM TITLE: Resolution Authorizing the Director of Recreation fo execute
permits to Agencies providing services and utilizing office space at Norman
Park Center ~
SUBMITTED BY: Buck Marlin, Dire~r of Recreatio~
REVIEWED BY: City Manager Jf ~ 71: 5ths Vote: (Yes _No LJ
Since the renovation of Norman Park Center in 1993, the City has issued and renewed multi-year
permits to several social service agencies, allowing them to utilize office space in the upstairs area at
Norman Park Center. These agencies provide valuable community services, many of which target
the senior population. The City does not charge rent for this use, but does require each agency to
reimburse the City for a pro-rated share of the facility utility costs. Three-year permit renewals have
been prepared and signed by each agency.
STAFF RECOMMENDATION: That the Council approve the Resolution authorizing the Director of
Recreation to execute Permits to Agencies providing services and utilizing office space at Norman
Park Center.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION: Upon completion of the Norman Park Center renovation in 1993, the City allowed four
social service agencies, which provide special services and program to senior citizens, to utilize the
office space on the second floor of the facility. The four agencies are:
. Lutheran Social Services of Southern California (Caring Neighbor and Shared Housing):
. Greater San Diego Meals on Wheels;
. Senior Citizen's Legal Services; and
. San Diego County - Aging and Independence Services - Adult Protective Services.
Under the original agreements, each agency is required to reimburse the City for a pro-rated portion
of the facility's utility costs and to provide their own telephone service.
The facility use permits for the four agencies are now up for renewal and new three-year permits
have been negotiated which continue the original terms and updated utility factors. All four
agencies have been providing services at a satisfactory level and their programs are popuiar with
the senior citizen community.
FISCAL IMPACT: The four agencies annually reimburse the City for approximately $4,600 in utility
costs. This represents approximately 10% of the Norman Park Center utilities budget for FY 06. The
revenue from the agencies is included in the department's budget.
Attachments: A - Permit - Lutheran Social Services
B - Permit - San Diego Meals on Wheels
C - Permit - Senior Citizens Legal Services
D - Permit - San Diego County - Aging and Independence Services
DRAFT _ Pmniu to Agencies at Norman Park Center 8/31f05 9.02 AM
8-1
A
1
NORMAN PARK SENIOR CENTER
PERMIT
This permit is granted as of the latest date appearing opposite the signatures of the
respective parties hereto, by and between LUTHERAN SOCIAL SERVICES- CARING
NEIGHBOR AND SHARED HOUSING. a California nonprofit organization, (hereinafter
referred to as "Permittee") by the Director of Recreation of the City of Chula Vista, a
municipal corporation (hereinafter referred to as "City"), concerning use of certain
portions of Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA
91910-2815.
The 'Permittee" hereby agrees to the following terms and conditions upon which
permission to use the facility is based:
I. AREA OF USE - The Permittee shall have permission to use those portions of the
Norman Park Senior Center designated on Exhibit "A", attached hereto and made
a part hereof by this reference.
II. PERMmED USES - The Permittee shall be required prior to the execution of this
permit to submit, in writing, for the approval of the Recreation Department, an
outline of the services to be provided to the public by Permittee in connection
with the use of the premises described herein. The premises may not be put to
any use, which is not specifically authorized in writing by the Director of
Recreation. Permittee shall at all times be required to maintain a level of service
to the public acceptable to the Recreation Department Department.
III. USE OF MEETING ROOMS - Permittee may use meeting rooms at the Senior
Center for activities in connection with the use of permitted space at no
additional charge on a reservation, as available basis.
IV. CONSIDERATION - Permittee shall on or before June 30th of each calendar year,
in advance. pay to The Recreation Department of the City of Chula Vista the sum
of $1.418.21 for 2005-2006. $1.460.76 for 2006-2007 and $1.504.58 for 2007-
2008 as its prorata share of utility costs. (Sum based on square footage.) City
shall refund any unused portion if permittee vacates during the following month
and City is able to obtain attendant thereto.
V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services,
including all costs attendant thereto.
VI. TERM - This permit may be terminated by either party upon thirty (30) days
written notice. The term of this permit shall be for a period of thirty-six (36)
months commencing on July 1, 2005, and terminating June 30, 2008.
VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the
clients served will be Chula Vista residents.
8-2
2
VIII. NOTICE - Any notice required or permitted pursuant to this Permit, shall be given
by personal service or by deposit of the same in the U.S. Mail, postage prepaid
and addressed to the parties as follows:
PERMmEE:
Lutheran Social Services
3101 Fourth Avenue
San Diego, CA 91910
CTIY:
Director of Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
IX. TAXES - The terms of this permit may give rise to possessory interest for the
Permittee. Permittee shall pay all taxes and assessments, including but not
limited to possessory interest taxes, which may be levied as a result of the
Permittee's occupancy of the permitted areas.
X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director
of Recreation, has final approval for any major, extraordinary structural
maintenance and repair, including exterior painting. The City reserves the right
to do any/or approve any and all work of any nature for the preservation,
maintenance and operation of the area. The City shall maintain and repair facility
at its expense. The Permittee must maintain its portion of the facility in
reasonable condition and notify staff of any repairs that need to be addressed by
the City.
XI. HOURS OF OPERATION - Permittee shall obtain prior written approval of its
hours of operation from the Director of Recreation. Any changes or
modifications in said hours of operation shall also be approved in advance by the
Senior Center Director and the Director of Recreation.
XII. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its
business in accordance with all laws, ordinances, rules and regulations
applicable to such business as set forth by the City of Chula Vista, County of
San Diego, State of California, or the Federal Government, including but not
limited to those items listed on Exhibit "8", attached hereto, and made a part
hereof.
XIII. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at
Permittee's sole cost and expense, Permittee shall keep or cause to be kept in
full force and effect, for the mutual benefit of City and Permittee,
comprehensive, broad form, general commercial liability insurance against claims
and liability for personal injury, death, or property damage arising from
Permittee's operations and the use, occupancy, or misuse of the facility or
adjoining areas and ways.
8-3
3
Minimum Scoce of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence Form CG0001)
2. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance, if applicable.
3. Property insurance against all risks of loss to any tenant improvements or
betterments, if applicable.
Minimum Limits of Insurance
Permittee must maintain limits no less than:
1. General
Liability: (Including
operations,
products and
completed
operations, as
applicable.)
2.Workers'
Compensation
Employer's Liability:
where applicable
3. Property
Insurance
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either the
general aggregate limit must apply separately to this
project/location or the general aggregate limit must be twice
the required occurrence limit.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Full Replacement Cost with no coinsurance penalty provision,
where applicable
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer will reduce or eliminate
such deductibles or self-insured retentions as they pertain to the City, its officers,
officials, employees and volunteers; or the Permittee will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, and where appropriate, the Worker's Compensation policies
are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of ownership, maintenance or use of that part of the premises
leased to the Permittee. The General liability Additional Insured coverage
must be provided in the form of an endorsement to the Lessee's insurance
using ISO CG2010 (10/01) or its equivalent.
8-4
4
2. For any claims related to a project, the Permittee's insurance coverage must
be primary insurance as it pertains to the City, its officers, officials,
employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance of the Permittee and in no way relieves
the Permittee from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled or materially changed by either party, except
after thirty (30) days' prior written notice to the City by certified mail, return
receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Permittee's insurer will provide a Waiver of Subrogation in favor of the City
and the City's agents and representatives, for each required policy providing
coverage during the life of this contract.
AcceDtabilitv of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in
the State of California with a current A.M. Best's rating of no less than A: V. If
insurance is placed with a Surplus Lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESU) with a current
A.M. Best's rating of no less than A: X. Exception may be made for the State
Compensation Fund when not specifically rated.
Verification of Coverage
Permittee must furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements
should be on forms provided by the City or on insurance industry forms, provided
those endorsements or policies conform to the requirements. All certificates and
endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements
evidencing the coverage required by these specifications.
Permittee agrees that it will indemnify and hold City and its elected officials,
officers, agents, and employees free and harmless from all claims for damage to
persons or property by reason of Permittee's negligence or intentional acts or
those of Permittee's officers, employees, agents or invites in connection with
Permittee's use and occupancy of the Facility and its operations, to the maximum
extent allowed by law.
8-5
5
XN. PERMITS CHARGES - Permittee shall, at its sole cost and expense, obtain any
and all other governmental permits, approvals or concurrences required for the
use of the Facility for the purposes set forth herein. Further, Permittee agrees
that it shall promptly pay all charges required from private persons or
corporations for which it is responsible, including, but not limited to food,
beverage and services and supply purchases, relating to use of the Facility, and
to protect and hold City harmless from any failure to make any such payment.
XV. TRANSFER OR ASSIGNMENT - Permittee shall not assign or transfer this permit,
or any interest therein, nor shall this permit be subject to transfer or assignment
by any court in any proceeding in which the Permittee is involved without the
Director of Recreation's prior written approval of such assignment or transfer.
XVI. ADA REOUIREMENTS - Permittee will not discriminate on the basis of disability
and will provide equal access to any individuals wishing to participate in
activities.
XVII. NON DISCRIMINATION- Permittee will abide by all applicable Federal, State and
local laws regarding compliance of non discrimination against anyone on the
basis of race, religion, color, sex, national origin, mental or physical disability.
ATTACHMENTS:
Exhibit "A" - Facility Map
Exhibit "B" - Facility Regulations
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS PERMIT AS OF
THE DATE SET FORTH OPPOSITE THEIR RESPECTIVE SIGNATURES.
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Dated
Services
Buck Martin, Director
Recreation Department
City of Chula Vista
Dated
Approved as to form:
-(l~ ~~ ~
Nora Smyth
Deputy City Attorney
8-6
EXHIBIT A
Permit tee shall occupy room number 21 and additional office space as noted on this
diagram on the second floor of Norman Park Senior Center. Room 21 is-372 sq. ft. and
the additional office is 76.5 sq. ft. The total sq. ft. is 448.5.
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8-7
6
EXHIBIT B
FACILITY REGULATIONS
1. The Director of Recreation or his/her designated representative will have access
to any portion of the building or grounds adjacent thereto 24 hours a day.
2. The public restrooms in the building will be available for public use whenever the
facility is open to the public.
3. Permittee must obtain its permission from the Center Director to use the facility
any time other than their regularly assigned hours. Permittee is required to give
written notice of any change in hours. Permittee shall give written notice of all
closure dates to the Center Director.
4. Permittee will maintain the portion of the facility used by the Permittee in a neat
and orderly condition.
5. Permittee will be responsible for upkeep and safety of its own equipment and
records.
6. Permittee will provide all supplies for their needs in conjunction with use of the
facility.
7. The Senior Center Director must approve any fumiturelfurnishings brought to the
premises and add to Exhibit C/Furnishing List. All fumiture/furnishings must be
tasteful and compliment the existing furniture/furnishings.
8. Permittee or its officers, agents, employees or members will not knowingly
interrupt other activities at the facility.
9. Permittee will be responsible for the behavior of its personnel and clientele during
its hours of use at the facility, so that its activities are conducted in an orderly and
businesslike manner.
10. The consumption of alcoholic beverages is prohibited on the premises.
11. Smoking is prohibited anywhere inside the facility.
12. Each agency shall participate in Social Services Advisory Group meetings.
13. Each agency shall submit a monthly statistical report.
14. Each agency shall complete a yearly evaluation.
15. No agency shall use Norman Park Senior Center on their letterhead without
written permission from the City.
16. All social service agencies shall be non-profit agencies.
8-8
o
1
NORMAN PARK SENIOR CENTER
PERMIT
This permit is granted as of the latest date appearing opposite the signatures of the
respective parties hereto, by and between Meals-on-Wheels Greater San Dieao. Inc. a
California nonprofit organization, (hereinafter referred to as "Permittee") by the Director
of Recreation of the City of Chula Vista, a municipal corporation (hereinafter referred to
as "City"), concerning use of certain portions of Norman Park Senior Center, located at
270 "F" Street, Chula Vista, CA 91910-2815. .
The "Permittee" hereby agrees to the following terms and conditions upon which
permission to use the facility is based:
I. AREA OF USE - The Permittee shall have permission to use those portions of the
Norman Park Senior Center designated on Exhibit ~'A", attached hereto and made
a part hereof by this reference.
II. PERMITTED USES - The Permittee shall be required prior to the execution of this
permit to submit, in writing, for the approval of the Recreation Department
Department, an outline of the services to be provided to the public by Permittee
in connection with the use of the premises described herein. The premises may
not be put to any use, which is not specifically authorized in writing by the
Director of Recreation. Permittee shall at all times be required to maintain a level
of service to the public acceptable to the Recreation Department.
III. USE OF MEETING ROOMS - Permittee may use meeting rooms at the Senior
Center for activities in connection with the use of permitted space at no
additional charge on a reservation, as available basis.
IV. CONSIDERATION - Permittee shall on or before June 30th of each calendar year,
in advance. pay to the Recreation Department of the City of Chula Vista the sum
of $1.821.04 for 2005-2006. $1.875.67 for 2006-2007 and $1.931.94 for 2007-
2008 as its prorata share of utility costs. (Sum based on square footage.) City
shall refund any unused portion if permittee vacates during the following month
and City is able to obtain attendant thereto.
V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services,
including all costs attendant thereto.
VI. TERM - This permit may be terminated by either party upon thirty (30) days
written notice. The term of this permit shall be for a period of thirty-six (36)
months commencing on July 1, 2005, and terminating June 30, 2008.
8-9
2
VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the
clients served will be Chula Vista residents.
VIII. NOTICE - Any notice required or permitted pursuant to this Permit, shall be given
by personal service or by deposit of the same in the U.S. Mail, postage prepaid
and addressed to the parties as follows:
PERMmEE:
Meals on Wheels Greater San Diego, Inc.
South Bay Division
2254 San Diego Ave #200
San Diego, CA 92110-2944
CITY:
Director of Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
IX. TAXES - The terms of this permit may give rise to possessory interest for the
Permittee. Permittee shall pay all taxes and assessments, including but not
limited to possessory interest taxes, which may be levied as a result of the
Permittee's occupancy of the permitted areas.
X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director
of Recreation, has final approval for any major, extraordinary structural
maintenance and repair, including exterior painting. The City reserves the right
to do any/or approve any and all work of any nature for the preservation,
maintenance and operation of the area. The City shall maintain and repair facility
at its expense. The Permittee must maintain its portion of the facility in
reasonable condition and notify staff of any repairs that need to be addressed by
the City.
XI. HOURS OF OPERATION - Permittee shall obtain prior written approval of its
hours of operation from the Director of Recreation. Any changes or
modifications in said hours of operation shall also be approved in advance by the
Senior Center Director and the Director of Recreation.
XII. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its
business in accordance with all laws, ordinances, rules and regulations applicable
to such business as set forth by the City of Chula Vista, County of San Diego,
State of California, or the Federal Government, including but not limited to those
items listed on Exhibit "B", attached hereto, and made a part hereof.
XIII. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at
Permittee's sole cost and expense, Permittee shall keep or cause to be kept in
8-10
3
full force and effect, for the mutual benefit of City and Permittee,
comprehensive, broad form, general commercial liability insurance against claims
and liability for personal injury, death, or property damage arising from
Permittee's operations and the use, occupancy, or misuse of the facility or
adjoining areas and ways.
Minimum Scooe of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, codel (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Property insurance against all risks of loss to any tenant improvements or
betterments, if applicable
Minimum Limits of Insurance
Permittee must maintain limits no less than:
1. General $1,000,000 per occurrence for bodily injury, personal
Liability: (Including injury and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used,
products and either the general aggregate limit must apply separately to
completed this project/location or the general aggregate limit must be
operations, as twice the required occurrence limit.
applicable.)
2. Automobile
Liability:
$1,000,000 per accident for bodily injury and property
damage.
3. Workers'
Compensation
Employer's Liability:
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Property
Insurance
Full Replacement Cost with no coinsurance penalty
provision, where applicable
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer will reduce or eliminate
such deductibles or self-insured retentions as they pertain to the City, its officers,
8-11
4
officials, employees and volunteers; or the Permittee will provide a financial
guarantee satisfactory to the City guaranteeing payment of- losses and related
investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to contain, the following
provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the Permittee, where applicable, and, with respect to liability
arising out of work or operations performed by or on behalf of the
Permittee including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional
insured coverage must be provided in the form of an endorsement to the
Permittee's insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed
Operations coverage.
2. The Permittee's insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the Permittee and in no way relieves the Permittee from its
responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state
that coverage will not be canceled or materially changed by either party,
except after thirty (30) days' prior written notice to the City by certified
mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Permittee's insurer will provide a Waiver of Subrogation in favor of the
City and the City's agents and representatives for each required policy
providing coverage during the life of this contract.
8-12
5
AcceDtabilitv of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in
the State of California with a current A.M. Best's rating of no less than A- V. If
insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESU) with a current
A.M. Best's rating of no less than A X. Exception may be made for the State
Compensation Fund when not specifically rated.
Verification of Coveraae
Permittee shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements
should be on insurance industry forms, provided those endorsements conform to
the contract requirements.
All certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require, at any time,
complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
Subcontractors
Permittee must include all subcontractors as insureds under its policies or furnish
separate certificates and .endorsements for each subcontractor. All coverage for
subcontractors are subject to all of the requirements included in these
specifications.
Permittee agrees that it will indemnify and hold City and its elected officials,
officers, agents, and employees free and harmless from all claims for damage to
persons or property by reason of Permittee's negligence or intentional acts or
those of Permittee's officers, employees, agents or invites in connection with
Permittee's use and occupancy of the Facility and its operations, to the maximum
extent allowed by law.
XIV. PERMITS/CHARGES - Permittee shall, at its sole cost and expense, obtain any
and all other governmental permits, approvals or concurrences required for the
use of the Facility for the purposes set forth herein. Further, Permittee agrees
that it shall promptly pay all charges required from private persons or
corporations for which it is responsible, including, but not limited to food,
beverage and services and supply purchases, relating to use of the Facility, and
to protect and hold City harmless from any failure to make any such payment.
XV. TRANSFER OR ASSIGNMENT - Permittee shall not assign or transfer this permit,
or any interest therein, nor shall this permit be subject to transfer or assignment
8-13
6
by any court in any proceeding in which the Permittee is involved without the
Director of Recreation's prior written approval of such assignment or transfer.
XVI. ADA REOUIREMENTS - Permittee will not discriminate on the basis of disability
and will provide equal access to any individuals wishing to participate in
activities.
XVII. NON DISCRIMINATION- Permittee will abide by all applicable Federal, State and
local laws regarding compliance of non discrimination against anyone on the
basis of race, religion, color, sex, national origin, mental or physical disability.
ATTACHMENTS:
Exhibit "A" - Facility Map
Exhibit "B" - Facility Regulations
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS PERMIT AS OF
THE DATE SET FORTH OPPOSITE THEIR RESPEmVE SIGNATURES.
'fAI ft J'
Date~7~1 $S-
Dated
uck Martin, Director
Recreation Department
City of Chula Vista
Approved as to form:
flrnc-.. ~tP
Nora Smyth -
Deputy City Attorney
8-14
EXHIBIT A
Permittee shall occupy room number 22
Park Senior Center. Space is 576 sq. ft.
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8-15
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EXHIBIT B
FACILITY REGULATIONS
1. The Director of Recreation or his/her designated representative will have access
to any portion of the building or grounds adjacent thereto 24 hours a day.
2. The public restrooms in the building will be available for public use whenever the
facility is open to the public.
3. Permittee must obtain its permission from the Center Director to use the facility
any time other than their regularly assigned hours. Permittee is required to give
written notice of any change in hours. Permittee shall give written notice of all
closure dates to the Center Director.
4. Permittee will maintain the portion of the facility used by the Permittee in a neat
and orderly condition.
5. Permittee will be responsible for upkeep and safety of its own equipment and
records.
6. Permittee will provide all supplies for their needs in conjunction with use of the
facility.
7. The Senior Center Director must approve any furniture/furnishings brought to the
premises and add to Exhibit C/Furnishing List. All furniture/furnishings must be
tasteful and compliment the existing furniture/furnishings.
8. Permittee or its officers, agents, employees or members will not knowingly
interrupt other activities at the facility.
9. Permittee will be responsible for the behavior of its personnel and clientele during
its hours of use at the facility, so that its activities are conducted in an orderly and
businesslike manner.
10. The consumption of alcoholic beverages is prohibited on the premises.
11. Smoking is prohibited anywhere inside the facility.
12. Each agency shall participate in Social Services Advisory Group meetings.
13. Each agency shall submit a monthly statistical report.
14. Each agency shall complete a yearly evaluation.
15. No agency shall use Norman Park Senior Center on their letterhead without
written permission from the City.
16. All social service agencies shall be non-profit agencies.
8-16
1
NORMAN PARK SENIOR CENTER
PERMIT
This permit is granted as of the latest date appearing opposite the signatures of the
respective parties hereto, by and between SENIOR CrnZENS LEGAL SERVICES- Elder
Law & Advocacv. a California nonprofit corporation, (hereinafter referred to as
"Permittee") by the Director of Recreation of the City of Chula Vista, a municipal
corporation (hereinafter referred to as "City"), concerning use of certain portions of
Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA 91910-2815.
The 'Permittee" hereby agrees to the following terms and conditions upon which
permission to use the facility is based:
I. AREA OF USE - The Permittee shall have permission to use those portions of the
Norman Park Senior Center designated on Exhibit "A", attached hereto and made
a part hereof by this reference.
II. PERMmED USES - The Permittee shall be required prior to the execution of this
permit to submit, in writing, for the approval of the Recreation Department, an
outline of the services to be provided to the public by Permittee in connection
with the use of the premises described herein. The premises may not be put to
any use, which is not specifically authorized in writing by the Director of
Recreation. Permittee shall at all times be required to maintain a level of service
to the public acceptable to the Recreation Department.
III. USE OF MEmNG ROOMS - Permittee may use meeting rooms at the Senior
Center for activities in connection with the use of permitted. space at no
additional charge on a reservation, as available basis.
IV. CONSIDERATION - Permittee shall on or before June 30111 of each calendar year,
in advance. pay to the Recreation Department of the City of Chula Vista the sum
of $720.96 for 2005-2006. $742.59 for 2006-2007 and $764.86 for 2007-2008
as its prorata share of utility costs. (Sum based on square footage.) City shall
refund any unused portion if permittee vacates during the following month and
City is able to obtain attendant thereto.
V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services,
including all costs attendant thereto.
VI. TERM - This permit may be terminated by either party upon thirty (30) days
written notice. The term of this permit shall be for a period of thirty-six (36)
months commencing on July 1, 2005, and terminating June 30, 2008.
8-17
2
VIII. NOTICE. Any notice required or permitted pursuant to this Permit, shall be given
by personal service or by deposit of the same in the U.S. Mail, postage prepaid
and addressed to the parties as follows:
PERMmEE:
Senior Citizens Legal Services
Elder Law & Advocacy
3675 Ruffin Road #315
San Diego, CA 92123
cm:
Director of Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
IX. TAXES. The terms of this permit may give rise to possessory interest for the
Permittee. Permittee shall pay all taxes and assessments, including but not
limited to possessory interest taxes, which may be levied as a result of the
Permittee's occupancy of the permitted areas.
X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director
of Recreation, has final approval for any major, extraordinary structural
maintenance and repair, including exterior painting. The City reserves the right
to do any/or approve any and all work of any nature for the preservation,
maintenance and operation of the area. The City shall maintain and repair facility
at its expense. The Permittee must maintain its portion of the facility in
reasonable condition and notify staff of any repairs that need to be addressed by
the City.
XI. HOURS OF OPERATION - Permittee shall obtain prior written approval of its
hours of operation from the Director of Recreation. Any changes or
modifications in said hours of operation shall also be approved in advance by the
Senior Center Director and the Director of Recreation.
XII. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its
business in accordance with all laws, ordinances, rules and regulations applicable
to such business as set forth by the City of Chula Vista, County of San Diego,
State of California, or the Federal Government, including but not limited to those
items listed on Exhibit "B", attached hereto, and made a part hereof.
XIII. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at
Permittee's sole cost and expense, Permittee shall keep or cause to be kept in
full force and effect, for the mutual benefit of City and Permittee,
comprehensive, broad form, general commercial liability insurance against claims
and liability for personal injury, death, or property damage arising from
Permittee's operations and the use, occupancy, or misuse of the facility or
8-18
3
adjoining areas and ways.
Minimum ScoDe of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence Form CG0001)
2. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance, if applicable.
3. Property insurance against all risks of loss to any tenant improvements or
betterments, if applicable.
Minimum Limits of Insurance
Permittee must maintain limits no less than:
1. General
Liability: (Including
operations,
products and
completed
operations, as
applicable.)
2.Workers'
Compensation
Employer's Liability:
where applicable
3. Property
Insurance
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either the
general aggregate limit must apply separately to this
project/location or the general aggregate limit must be twice
the required occurrence limit.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Full Replacement Cost with no coinsurance penalty provision,
where applicable
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer will reduce or eliminate
such deductibles or self-insured retentions as they pertain to the City, its officers,
officials, employees and volunteers; or the Permittee will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, and where appropriate, the Worker's Compensation policies
are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of ownership, maintenance or use of that part of the premises
leased to the Permittee. The General liability Additional Insured coverage
must be provided in the form of an endorsement to the Lessee's insurance
8-19
4
using ISO CG2010 (10/01) or its equivalent.
2. For any claims related to a project, the Permittee's insurance coverage must
be primary insurance as it pertains to the City, its officers, officials,
employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance of the Permittee and in no way relieves
the Permittee from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled or materially changed by either party, except
after thirty (30) days' prior written notice to the City by certified mail, return
receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Permittee's insurer will provide a Waiver of Subrogation in favor of the City
and the City's agents and representatives, for each required policy providing
coverage during the life of this contract.
Acceotabilitv of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in
the State of California with a current A.M. Best's rating of no less than A: V. If
insurance is placed with a Surplus Lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLl) with a current
A.M. Best's rating of no less than A: X. Exception may be made for the State
Compensation Fund when not specifically rated.
Verification of Coverage
Permittee must furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements
should be on forms provided by the City or on insurance industry forms, provided
those endorsements or policies conform to the requirements. All certificates and
endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements
evidencing the coverage required by these specifications.
Permittee agrees that it will indemnify and hold City and its elected officials,
officers, agents, and employees free and harmless from all claims for damage to
persons or property by reason of Permittee's negligence or'intentional acts or
those of Permittee's officers, employees, agents or invites in connection with
Permittee's use and occupancy of the Facility and its operations, to the maximum
8-20
5
extent allowed by law.
XlV. PERMITS CHARGES - Permittee shall, at its sole cost and expense, obtain any
and all other governmental permits, approvals or concurrences required for the
use of the Facility for the purposes set forth herein. Further, Permittee agrees
that it shall promptly pay all charges required from private persons or
corporations for which it is responsible, including, but not limited to food,
beverage and services and supply purchases, relating to use of the Facility, and
to protect and hold City harmless from any failure to make any such payment.
XV. TRANSFER OR ASSIGNMENT - Permittee shall not assign or transfer this permit,
or any interest therein, nor shall this permit be subject to transfer or assignment
by any court in any proceeding in which the Permittee is involved without the
Director of Recreation's prior written approval of such assignment or transfer.
XVI. ADA REOUIREMENTS - Permittee will not discriminate on the basis of disability
and will provide equal access to any individuals wishing to participate in
activities.
XVII. NON DISCRIMINATION- Permittee will abide by all applicable Federal, State and
local laws regarding compliance of non discrimination against anyone on the
basis of race, religion, color, sex, national origin, mental or physical disability.
ATTACHMENTS:
Exhibit "A" - Facility Map
Exhibit "6" - Facility Regulations
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS PERMIT AS OF
THE DATE SET FORTH OPPOSITE THEIR RESPECTIVE SIGNATURES.
D'~:;;;A;S-
Dated .
Buck Martin, Director
Recreation Department
City of Chula Vista
Approved as to form:
'/1(%, ~
Nora Smyth
Deputy City Attorney
8-21
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EXHIBIT B
FACILITY REGULATIONS
1. The Director of Recreation or his/her designated representative will have access
to any portion of the building or grounds adjacent thereto 24 hours a day.
2. The public restrooms in the building will be available for public use whenever the
facility is open to the public.
3. Permittee must obtain its permission from the Center Director to use the facility
any time other than their regularly assigned hours. Permittee is required to give
written notice of any change in hours. Permittee shall give written notice of all
closure dates to the Center Director.
4. Permittee will maintain the portion of the facility used by the Permittee in a neat
and orderly condition.
5. Permittee will be responsible for upkeep and safety of its own equipment and
records.
6. Permittee will provide all supplies for their needs in conjunction with use of the
facility.
7. The Senior Center Director must approve any furniture/fl,lrnishings brought to the
premises and add to Exhibit C/Furnishing List. All furniture/furnishings must be
tasteful and compliment the existing furniture/furnishings.
8. Permittee or its officers, agents, employees or members will not knowingly
interrupt other activities at the facility.
9. Permittee will be responsible for the behavior of its personnel and clientele during
its hours of use at the facility, so that its activities are conducted in an orderly and
businesslike manner.
10. The consumption of alcoholic beverages is prohibited on the premises.
11. Smoking is prohibited anywhere inside the facility.
12. Each agency shall participate in Social Services Advisory Group meetings.
13. Each agency shall submit a monthly statistical report.
14. Each agency shall complete a yearly evaluation.
15. No agency shall use Norman Park Senior Center on their letterhead without
written permission from the City.
16. All social service agencies shall be non-profit agencies.
8-23
1
NORMAN PARK SENIOR CENTER
PERMIT
This permit is granted as of the latest date appearing opposite the signatures of the
respective parties hereto, by and between SAN DIEGO COUNTY- AREA AGENCY ON
AGING- ADULT PROTECTIVE SERVICES, a San Diego County Agency, (hereinafter
referred to as "Permittee") by the Director of Recreation of the City of Chula Vista, a
municipal corporation (hereinafter referred to as "City"), concerning use of certain
portions of Norman Park Senior Center, located at 270 "F" Street, Chula Vista, CA
91910-2815.
The "Permittee" hereby agrees to the following terms and conditions upon which
permission to use the facility is based:
I. AREA OF USE - The Permittee shall have permission to use those portions of the
Norman Park Senior Center designated on Exhibit "A", attached hereto and made
a part hereof by this reference.
II. PERMmED USES - The Permittee shall be required prior to the execution of this
permit to submit, in writing, for the approval of the Recreation Department, an
outline of the services to be provided to the public by Permittee in connection
with the use of the premises described herein. The premises may not be put to
any use, which is not specifically authorized in writing by the Director of
Recreation. Permittee shall at all times be required to maintain a level of service
to the public acceptable to the Recreation Department.
III. USE OF MEITING ROOMS - Permittee may use meeting rooms at the Senior
Center for activities in connection with the use of permitted space at no
additional charge on a reservation, as available basis.
IV. CONSIDERATION - Permittee shall on or before June 30th of each calendar year,
in advance, pay to the Recreation Department of the City of Chula Vista the sum
of $279.21 for 2005-2006. $287.59 for 2006-2007 and $296.22 for 2007-2005 as
its prorata share of utility costs. (Sum based on square footage.) City shall
refund any unused portion if permittee vacates during the following month and
City is able to obtain attendant thereto.
V. TELEPHONE CHARGES - Permittee agrees to maintain its own telephone services,
including all costs attendant thereto.
VI. TERM - This permit may be terminated by either party upon thirty (30) days
written notice. The term of this permit shall be for a period of thirty-six (36)
months commencing on July 1, 2005, and terminating June 30, 2008.
8-24
2
VII. SERVICE AREA- Permittee agrees that at least sixty-six (66) percent of the
clients served will be Chula Vista residents.
VIII. NOTICE - Any notice required or permitted pursuant to this Permit, shall be given
by personal service or by deposit of the same in the U.S. Mail, postage prepaid
and addressed to the parties as follows:
PERMmEE:
County of San Diego Aging & Independence Services
9335 Hazard Way, Suite 100
San Diego, CA 92123
CITY:
Director of Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
IX. TAXES - The terms of this permit may give rise to possessory interest for the
Permittee. Permittee shall pay all taxes and assessments, including but not
limited to possessory interest taxes, which may be levied as a result of the
Permittee's occupancy of the permitted areas.
X. MAINTENANCE OF THE PREMISES - The City of Chula Vista, through the Director
of Recreation, has final approval for any major, extraordinary structural
maintenance and repair, including exterior painting. The City reserves the right
to do any/or approve any and all work of any nature for the preservation,
maintenance and operation of the area. The City shall maintain and repair facility
at its expense. The Permittee must maintain its portion of the facility in
reasonable condition and notify staff of any repairs that need to be addressed by
the City.
XI. HOURS OF OPERATION - Permittee shall obtain prior written approval of its
hours of operation from the Director of Recreation. Any changes or
modifications in said hours of operation shall also be approved in advance by the
Senior Center Director and the Director of Recreation.
XII. LAWS. ORDINANCES RULES AND REGULATIONS - Permittee shall conduct its
business in accordance with all laws, ordinances, rules and regulations applicable
to such business as set forth by the City of Chula Vista, County of San Diego,
State of California, or the Federal Government, including but not limited to those
items listed on Exhibit "B", attached hereto, and made a part hereof.
XIII. INDEMNIFICATION AND INSURANCE - Throughout the term of this Permit, at
Permittee's sole cost and expense, Permittee shall keep or cause to be kept in
full force and effect, for the mutual benefit of City and Permittee,
comprehensive, broad form, general commercial liability insurance against claims
and liability for personal injury", death, or property damage arising from
13-25
3
Permittee's operations and the use, occupancy, or misuse of the facility or
adjoining areas and ways providing protection of at least One Million Dollars
($1,000,000) combined single limit. All insurance required by this provision of
this Permit shall be carried only in responsible insurance companies licensed to
do business in the State of California and rated A-S or better in Best's Key
Ratings, or the substantial equivalent satisfactory to the Risk Manager. Permittee
agrees that City, its elected officials, officers and employees shall be named
additional insured on all such policies. All such policies shall contain language, to
the extent obtainable, to the effect that (1) the insurer waives the right of
subrogation against City and City's agents and representatives, (2) the policies
are primary and noncontributing with any insurance that may be carried by City,
(3) they cannot be cancelled or materially changed except after thirty (30) days
notice by the insurer to the City. Permittee shall furnish City with certificates and
policy endorsements evidencing the coverage outlined in this section.
Permittee agrees that it will indemnify and hold City and its elected officials,
officers, agents, and employees free and harmless from all claims for damage to
persons or property by reason of Permittee's negligence or intentional acts or
those of Permittee's officers, employees, agents or invites in connection with
Permittee's use and occupancy of the Facility and its operations, to the maximum
extent allowed by law.
XIV. PERMITS CHARGES - Permittee shall, at its sole cost and expense, obtain any
and all other governmental permits, approvals or concurrences required for the
use of the Facility for the purposes set forth herein. Further, Permittee agrees
that it shall promptly pay all charges required from private persons or
corporations for which it is responsible, including, but not limited to food,
beverage and services and supply purchases, relating to use of the Facility, and
to protect and hold City harmless from any failure to make any such payment.
XV. TRANSFER OR ASSIGNMENT - Permittee shall not assign or transfer this permit,
or any interest therein, nor shall this permit be subject to transfer or assignment
by any court in any proceeding in which the Permittee is involved without the
Director of Recreation's prior written approval of such assignment or transfer.
XVI. ADA REOUIREMENTS - Permittee will not discriminate on the basis of disability
and will provide equal access to any individuals wishing to participate in
activities.
XVII. NON DISCRIMINATION- Permittee will abide by all applicable Federal, State and
local laws regarding compliance of non discrimination against anyone on the
basis of race, religion, color, sex, national origin, mental or physical disability.
8-26
4
ATTACHMENTS:
Exhibit "A" - Facility Map
Exhibit "B" - Facility Regulations
Exhibit "C" - Furniture
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS PERMIT AS OF
THE DATE SET FORTH OPPOSITE THEIR RESPECTIVE SIGNATURES.
Dato9/N b
Dated
uck Martin, Director
Recreation Department
City of Chula Vista
Approved as to form:
71~fL ~;(~ (tIJ
Nora Smyth
Deputy City Attorney
8-27
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
6
EXHIBIT B
FACILITY REGULATIONS
1.
The Director of Recreation or his/her designated representative will have access
to any portion of the building or grounds adjacent thereto 24 hours a day.
The public restrooms in the building will be available for public use whenever the
facility is open to the public.
Permittee must obtain its permission from the Center Director to use the facility
any time other than their regularly assigned hours. Permittee is required to give
written notice of any change in hours. Permittee shall give written notice of all
closure dates to the Center Director.
Permittee will maintain the portion of the facility used by the Permittee in a neat
and orderly condition.
Permittee will be responsible for upkeep and safety 0 fits 0 wn equipment and
records.
Permittee will provide all supplies for their needs in conjunction with use of the
facility.
The Senior Center Director must approve any furniture/furnishings brought to the
premises and add to Exhibit C/Furnishing List. All furniture/furnishings must be
tasteful and compliment the existing furniture/furnishings.
Permittee or its officers, agents, employees or members will not knowingly
interrupt other activities at the facility.
Permittee will be responsible for the behavior of its personnel and clientele during
its hours of use at the facility, so that its activities are conducted in an orderly and
businesslike manner.
The consumption of alcoholic beverages is prohibited on the premises.
Smoking is prohibited anywhere inside the facility.
Each agency shall participate in Social Services Advisory Group rneetings.
Each agency shall submit a monthly statistical report.
Each agency shall complete a yearly evaluation.
No agency shall use Norman Park Senior Center on their letterhead without
written permission from the City.
All social service agencies shall be non:profit agencies.
8-28"
RESOLUTION NO. 2005-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DIRECTOR OF
RECREATION TO EXECUTE PERMITS TO AGENCIES
PROVIDING SERVICES AND UTILIZING OFFICE SPACE AT
NORMAN PARK CENTER
WHEREAS, since the renovation of the Norman Park Center in 1993, the City has issued
and renewed multi-year permits to several social service agencies, allowing them to utilize office
space in the upstairs area at the Norman Park Center; and
WHEREAS, under the original agreements, each agency is required to reimburse the City
for a pro-rated portion of the facility's utility costs and to provide them their own telephone
service; and
WHEREAS, the four agencies are: Lutheran Social Services of Southern California
(Caring Neighbor and Shared Housing), Greater San Diego Meals on Wheels, Senior Citizen's
Legal Services, and San Diego County - Aging and Independence Services - Adults Protective
Services; and
WHEREAS, the facility use permits for the four agencies are now up for renewal and
new three year permits have been negotiated which continue the original terms and updated
utility factors. All four agencies have been providing services at a satisfactory level and their
programs are popular with the senior citizen community; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the Director of Recreation to execute permits to Agencies providing
services and utilizing office space at Norman Park Center.
Presented by
Approved as to form by
:1~~~~:
City Attorney
Buck Martin
Director of Recreation
J:\attomey,,"eso\Grant\Permits - Norman park center
8-29
COUNCIL AGENDA STATEMENT
ITEM cr
MEETING DATE 9/13/05
ITEM TITLE:
Resolution Approving Salary and Benefit
Enhancements for the Chula Vista Police Officers
Association and Appropriating Funds Therefore
The Memorandum of Understanding (MOU) between the City and the Chula
Vista Police Officer's Association (POA) expired June 30, 2005. During the past
several months negotiating teams representing the POA and the City have
worked collaboratively towards developing a mutually beneficial MOU covering
fiscal years 2006 through 2010. The parties have reached agreement on a
salary and benefit package for this timeframe while continuing to meet and confer
on a number of issues concerning the MOU's language. The final MOU between
the City and the POA will be brought to Council for adoption later in the year
once final agreement is reached.
The resolution now before Council would approve the salary and benefit
enhancements that have been agreed upon by the City and the POA. The
proposed salary and benefit enhancements were ratified by a majority of the
POA membership at a general membership meeting on July 5, 2005. If adopted,
the proposed salary and benefit enhancements would significantly improve the
City's competitive position in the local labor market resulting in more effective
employee recruitment and retention.
SUBMITTED BY:
Director of Budget and Analysis (,.j
Director of Human Resources ~
d I vR
City Manager Q'I -r- (4/5ths Vote: Yes X
No
)
REVIEWED BY:
RECOMMENDATION:
That the City Council:
. Approve the proposed salary and benefit enhancements for the Chula
Vista Police Officer's Association for the period covering fiscal years
2006 through 2010,
. Amend the Police Department's personnel services budget for fiscal
years 2006 and 2007 by $641,817 and $1,080,323 respectively based
q- /
Page 2, Item q
Meeting Date 9/13/2005
upon unanticipated property tax revenues and appropriate funds
therefore in fiscal year 2006, and
. Amend the Department of Human Resources personnel services
budget for fiscal years 2006 and 2007 by $51,750 each year based
upon unanticipated property tax revenues to establish a professional
enrichment fund for POA represented employees and appropriate
funds therefore in fiscal year 2006.
BOARD/COMMISSION RECOMMENDATION: None.
DISCUSSION:
Summary of Proposed Base Salary Enhancements
The base salary for Chula Vista peace officers currently ranks sixth among ten
competing local law enforcement agencies.1 This relatively low ranking, coupled
with an increasingly competitive labor market, has put the City at a disadvantage
in both the recruitment and retention of the most qualified Police personnel. In
an effort to address these issues a 10% increase in base salaries is being
recommended for all POA represented employees effective the first pay period
that includes January 1, 2006; thereby increasing the City's rank to number two
in the County during the first year of the MOU (see below table).2
PEACE OFFICER SALARIES
(as of May 2005)
PEACE OFFICER SALARIES
(as of January 2006)
AGENCY $ I Month
ESCONDIDO $ 5,689
SAN DIEGO $ 5,620
NATIONAL CITY $ 5,500
OCEANSIDE $ 5,451
EL CAJ~ $ 5,441
/'ci:,!i'U,"AC ":' d" ,:.Il:'
COUNTY OF SAN DIEGO $ 5,192
CORONADO $ 5,191
CARLSBAD $ 5,163
LA MESA $ 4,869
SAN DIEGO $ 5,620
NATIONAL CITY $ 5,500
OCEANSIDE $ 5,451
EL CAJON $ 5,441
COUNTY OF SAN DIEGO $ 5,426
CARLSBAD $ 5,421
CORONADO $ 5,347
LA MESA $ 4,869
I Based upon data from the May 2005 edition of the California Public Agencies Compensation
Survey (CaIPACS).
2 This ranking is based on all known increases for other agencies as of Jan. 1, 2006; some
agencies did not report any increases as they are currently negotiating new MOUs.
q-')-
Page 3, Item
Meeting Date
q
9/13/2005
In order to maintain base salaries at competitive levels for the duration of the
MOU, additional increases of 4% in FY 2007, 4% in FY 2008, 3% in FY 2009,
and 4% in FY 2010 are being recommended. All pay increases would become
effective the first pay period that includes January 1 of each year.
In addition to the above increases, it is recommended that the base salary of
lieutenants be set at 20% above sergeants. Currently the base salary for
lieutenants is 17.2% above sergeants. A 20% spread is more in line with other
jurisdictions. Maintaining competitive salaries and employee benefits will not only
help the Police Department recruit more effectively, but will also help in the
retention of experienced personnel.
Summary of Proposed Benefit Enhancements
Following is a summary of benefit enhancements to be included in the final MOU
with the POA (unless otherwise noted, all benefit changes will be made
retroactive to July 1, 2005):
. Increase City provided life insurance to $50,000 per employee (effective
January 1, 2006)
. Increase vacation accruals to 4 weeks per year for employees with 10 to
14 years of service and 5 weeks per year for employees with 15 plus
years of service
. Establish a retirement health savings account program to be funded by
employee contributions of prospective annual leave not to exceed two
weeks and/or by a one time contribution of all or a portion of accrued
vacation upon separation or retirement, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the
beginning of open enrollment. The retirement health savings account
program will begin on January 1, 2006 with elections to be made in
October 2005 during open enrollment.
. Provide education incentive pay on a monthly basis as follows:
- $200 for an Associates Degree
- $300 for a Bachelors Degree or an Advanced/Supervisory POST
- $350 for a Bachelors Degree and an Advanced/Supervisory POST
- $400 for a Masters Degree
. Establish a professional enrichment fund of $51,750 with a maximum
reimbursement of $1,000 per fiscal year per member
. I ncrease bilingual pay from $125 per month to $200 per month
. Increase field training officer pay from $2.00 per hour to $4.00 per hour
q~3
Page 4, Item
Meeting Date
q
9/13/2005
. Establish a recruitment incentive program through which officers who
recruit individuals to the Chula Vista Police Department will receive 10
hours of base pay when the referred officer completes his or her probation
. Increase the shift differential from $0.50 per hour to $1.00 per hour for
swing shift and from $1.00 per hour to $2.00 per hour for graveyard shift
(effective the first pay period including January 1,2007)
Health Benefits
In addition to the benefits summarized above, the proposed MOU with POA will
incorporate the health benefits for POA represented employees approved by the
City Council in October 2004. At that time, Council took action to replace a tiered
cafeteria plan with an employer paid health plan whereby the City covers the cost
of Kaiser health and Delta PMI dental premiums of POA represented employees
and their eligible dependents. The purpose of this change was to protect POA
represented employees from the uncertainty surrounding health and dental care
costs thus protecting annual salary adjustments from future premium increases.
Re-opener
The proposed MOU also includes a re-opener during the third year to discuss
possible changes to base wages, health benefits and additional funding
mechanisms for the retirement health savings account program for the remaining
two years of the MOU.
FISCAL IMPACT
The proposed salary and benefit enhancements for POA represented employees
would increase the City's annual ongoing operating costs by $6.1 million by the
end of the MOU. The costs are lower in the first two years: $1.5 million in FY
2006 and $3.1 million in FY 2007 (see table below).
Actual Cost of
Fiscal Year Proposed MOU Budoeted Amount Difference
FY 2006 $ 1,459,350 $ 817,533 $ 641,817
FY 2007 $ 3,149,589 $ 2,069,266 $ 1,080,323
FY 2008 $ 4,226,252 n.a. n.a.
FY 2009 $ 5,136,476 n.a. n.a.
FY 2010 $ 6,083,109 n.a. n.a.
In anticipation of the final MOU with POA, $817,533 was included in the FY 2006
budget and $2,069,266 in the FY 2007 budget. Therefore, full funding the first
two years of the proposed MOU will require budget amendments totaling
$641,817 in FY 2006 and $1,080,323 in FY 2007.
q~~
Page 5, Item
Meeting Date
q
9/13/2005
The costs associated with the salary and benefit enhancements can be fully
offset by unanticipated property tax revenue and vehicle license fee revenue.
The projections for property tax revenue are being adjusted to reflect a 20% rate
of growth, which was the growth experienced in fiscal year 2005 for this revenue
category. The combined total of tonight's action will result in an additional
appropriation of $2.23 million of which $2.06 million will be offset by property tax
revenue and the remaining balance by unanticipated vehicle license fees. It
should be noted that the growth experienced in fiscal year 2005 for property tax
was an historic high for the City; any variance in the actual property tax revenues
may impact the general fund reserves.
q~1
RESOLUTION NO. 2005-
Resolution Approving Salary and Benefit
Enhancements with the Chura Vista Police Officers
Association and Appropriating Funds Therefore
WHEREAS, the Management Negotiation Team representing the City Of
Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have
met and conferred with the Chula Vista Police Officers Association, the recognized
employee organization representing various employee classifications in the Police
Department, in accordance with the provisions of the Meyers-Milias Brown Act,
California Government Code sections 3500 et seq; and
WHEREAS, the Memorandum of Understanding jointly prepared by the
parties as a result of meeting and conferring in good faith have been presented to the
City Council and have been previously approved in concept by the City Council in
closed session; and
WHEREAS, the salary and benefit provisions of the Memorandum of
Understanding were ratified by a vote of the membership of the Chula Vista Police
Officers Association on July 5, 2005; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the salary and benefit provisions to the
Memorandum of Understanding with the Chula Vista Police Officers Association as
reflected in Exhibit A.
BE IT FURTHER RESOLVED that the Police Department's personnel
services budgets for fiscal years 2006 and 2007 are hereby amended by $641,533 and
$1,080,533 respectively based upon unanticipated property tax revenues and vehicle
license fees and funds appropriated therefore in fiscal year 2006.
BE IT FURTHER RESOLVED that the Human Resource Department's personnel
services budgets for fiscal years 2006 and 2007 are hereby amended by $51,750 each
year based upon unanticipated property tax revenues and funds appropriated therefore
in fiscal year 2006.
Presented by
Approved as to form by
Edward Van Eenoo
Director of Budget and Analysis
"i:\"Q.XG\\.\\ \:\':<~Q~
Ann Moore
City Attorney
Cj-(p
Exhibit A: Summary of POA Salary and Benefit Enhancements
1. The following wage increases shall become effective beginning the first day of
the first full pay period including the stated date:
. January 1, 2006 - 10%
. January 1, 2007 - 4%
. January 1, 2008 - 4%
. January 1, 2009 - 3%
. January 1,2010 - 4%
2. The base salary of lieutenants will be set at 20% above that of sergeants
effective beginning the first day of the first full pay period including January 1,
2006.
3. The following benefit enhancements shall be made retroactive to July 1, 2005:
. Increase vacation accruals to 4 weeks per year for employees with 10
to 14 years of service and 5 weeks per year for employees with 15 plus
years of service
. Provide monthly education incentive pay as follows:
- $200 for an Associates Degree
- $300 for a Bachelors Degree or an Advanced/Supervisory
POST
- $350 for a Bachelors Degree and an Advanced/Supervisory
POST
- $400 for a Masters Degree
. Establish a professional enrichment fund of $51,750 with a maximum
reimbursement per member of $1 ,000 per fiscal year
. Increase bilingual pay from $125 per month to $200 per month
. Increase field training officer pay from $2.00 per hour to $4.00 per hour
. Establish a recruitment incentive program whereby officers will receive
10 hours of base pay upon completion of the referred officer's
probation
4. The following benefit enhancements shall become effective January 1, 2006:
. Increase City provided life insurance to $50,000 per employee
5. Establish a retirement health savings account program to be funded by employee
contributions of prospective annual leave not to exceed two weeks and/or by a
one time contribution of all or a portion of accrued vacation upon separation or
cr1
retirement, provided the employee has a combined annual leave and sick leave
balance of 480 hours at the beginning of open enrollment. The retirement health
savings account program will begin on January 1, 2006 with elections to be made
in October 2005 during open enrollment.
6. Effective the first pay period including January 1, 2007 the shift differential shall
be increased from $0.50 per hour to $1.00 per hour for swing shift and from
$1.00 per hour to $2.00 per hour for graveyard shift.
q-~
COUNCIL AGENDA STATEMENT
ITEM~
MEETING DATE 9/13/05
ITEM TITLE:
Resolution
Enhancements for
Firefighters Local
Therefore
Approving Salary and Benefit
the International Association of
2180 and Appropriating Funds
The Memorandum of Understanding (MOU) between the City and the
International Association of Firefighters Local 2180 (IAFF) expired June 30,
2005. During the past several months negotiating teams representing the IAFF
and the City have worked collaboratively towards developing a mutually
beneficial MOU covering fiscal years 2006 through 2010.
The resolution now before Council would approve the salary and benefit
enhancements that have been agreed upon by the City and the IAFF. The
proposed enhancements were ratified by a majority of the IAFF membership at a
general membership meeting on July 20, 2005. If adopted, the proposed salary
and benefit enhancements would significantly improve the City's competitive
position in the local labor market resulting in more effective employee recruitment
and retention.
SUBMITTED BY: Director of Budget and Analysis ~
Director of Human Resources K~
REVIEWED BY: City Manager f~ V~ 4/5ths Vote: Yes X
RECOMMENDATION:
No
)
That the City Council:
. Approve salary and benefit enhancements for the International
Association of Firefighters Local 2180 for the period covering fiscal
years 2006 through 2010,
. Amend the Fire Department's personnel services budget for fiscal
years 2006 and 2007 by $524,234 and $560,685 respectively based
upon unanticipated property tax revenues and appropriate funds
therefore in fiscal year 2006, and
. Amend the Department of Human Resources personnel services
budget for fiscal years 2006 and 2007 by $35,000 each year based
/0-(
Page 2, Item
Meeting Date 9/13/2005
upon unanticipated property tax revenues and appropriate funds
therefore in fiscal year 2006 to establish a professional enrichment
fund for IAFF represented employees.
BOARD/COMMISSION RECOMMENDATION: None.
DISCUSSION:
Summary of Proposed Base Salary Enhancements
The base salary for Chula Vista firefighters currently ranks fifth among thirteen
competing local fire departments.1 In order to attract and retain quality
employees and reward employees' efforts, an 8% increase in base salaries is
being recommended for all IAFF represented employees effective the first pay
period that includes January 1, 2006; thereby increasing the City's rank to
number one in the County during the first year of the MOU (see below table).2
FIREFIGHTER SALARIES
(as of May 2005)
FIREFIGHTER SALARIES
(as of January 2006)
AGENCY $ I Month
SAN DIEGO $ 5,044
EL CAJON $ 4,845
CARLS BAD $ 4,815
I ESCONDIDO $ 4,807
tp(.+;:,i':,'i", "i ict""'..if7:1'h','
SANTEE $ 4,639
POWAY $ 4,468
CORONADO $ 4,451
NATIONAL CITY $ 4,365
SOLANA BEACH $ 4,325
DEL MAR $ 4,297
LA MESA $ 4,201
IMPERIAL BEACH $ 4,173
AGENCY $ I Month
~ ,.....'.'.,.............'...i....,,'. [.u/:j"'"
SAN DIEGO $ 5,044
CARLS BAD $ 5,020
ESCONDIDO $ 4,951
EL CAJON $ 4,845
SANTEE $ 4,639
POWAY $ 4,580
CORONADO $ 4,540
NATIONAL CITY $ 4,365
SOLANA BEACH $ 4,325
DEL MAR $ 4,297
LA MESA $ 4,201
IMPERIAL BEACH $ 4,173
In order to maintain base salaries at competitive levels for the duration of the
MOU, additional increases in subsequent years are recommended as follows (all
pay increases would become effective the first pay period that includes the stated
date):
. January 1, 2007 - 2%
. July 1, 2007 - 2%
1 Based upon data from the May 2005 edition of the California Public Agencies Compensation
Survey (CaIPACS).
2 This ranking is based on all known increases for other agencies as of Jan. 1, 2006; some
agencies did not report any increases as they are currentiy negotiating new MOUs.
If) - if
Page 3, Item
Meeting Date 9/13/2005
. January 1, 2008 - 4%
. January 1, 2009 - 4%
. January 1, 2010 - 4%
In addition to the above increases, it is recommended that the base salary of fire
engineers be set at 17.5% above that of firefighters. Currently the base salary
for fire engineers is 15% above firefighters. A 17.5% spread is more in line with
other jurisdictions. Maintaining competitive salaries and employee benefits will
not only help the Fire Department recruit more effectively but will also help in the
retention of experienced personnel.
Summary of Proposed Benefit Enhancements
Following is a summary of benefit enhancements that will be included in the final
MOU with IAFF (unless otherwise noted, all benefit changes will be made
retroactive to July 1, 2005):
. Increase City provided life insurance to $50,000 per employee (effective
January 1, 2006)
. Increase vacation accruals to 224 hours per year for employees with 10 to
14 years of service and 288 hours per year for employees with 15 plus
years of service
. Establish a retirement health savings account program to be funded by
employee contributions of prospective annual leave not to exceed two
weeks and/or by a one time contribution of all or a portion of accrued
vacation upon separation or retirement, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the
beginning of open enrollment. The retirement health savings account
program will begin on January 1, 2006 with elections to be made in
October 2005 during open enrollment.
. Provide monthly education incentive pay as follows:
- $200 for an Associates Degree or 30 units of fire related courses
and 5 years with City
- $300 for a Bachelors Degree or 30 units of fire related courses and
10 years with City
. Establish a professional enrichment fund of $35,000 with a maximum
reimbursement of $1,000 per fiscal year per member
. Increase the differential pay for training division staff from 7.5% to 15% of
base salary
. Increase bilingual pay from $100 per month to $200 per month
. Convert Veteran's Day from a floating holiday to hard holiday and add
Cesar Chavez day as a hard holiday
/O~3
Page 4, Item
Meeting Date 9/13/2005
. Establish special projects with a limit of up to 15%
Health Benefits
In addition to the benefits summarized above, the proposed MOU with IAFF will
incorporate the health benefits for IAFF represented employees approved by the
City Council in October 2004. At that time, Council took action to replace a tiered
cafeteria plan with an employer paid health plan whereby the City covers the cost
of Kaiser health and Delta PMI dental premiums of IAFF represented employees
and their eligible dependents. The purpose of this change was to protect IAFF
represented employees from the uncertainty surrounding health and dental care
costs thus protecting annual salary adjustments from future premium increases.
Re-opener
The proposed MOU includes a re-opener during the third year to discuss
possible changes in base wages and additional funding mechanisms for the
retirement health savings account program for the remaining two years of the
MOU.
FISCAL IMPACT
The proposed salary and benefit enhancements for IAFF represented employees
would increase the City's annual ongoing operating costs by nearly $3.5 million
by the end of the MOU. The costs are lower in the first two years: $946,074 in
FY 2006 and $1.6 million in FY 2007 (see table below).
Actual Cost of
Fiscal Year ProDosed MOU Budaeted Amount Difference
FY 2006 $ 946,074 $ 421,840 $ 524,234
FY 2007 $ 1,610,804 $ 1,050,119 $ 560,685
FY 2008 $ 2,324,987 n.a. n.a.
FY 2009 $ 2,917002 n.a. n.a.
FY 2010 $ 3,532,697 n.a. n.a.
In anticipation of the final MOU with IAFF, $421,840 was included in the FY 2006
budget and $1,050,119 in the FY 2007 budget. Therefore, fully funding the first
two years of the proposed MOU will require budget amendments totaling
$524,234 in FY 2006 and $560,685 in FY 2007.
The costs associated with the salary and benefit enhancements can be fully
offset by unanticipated property tax revenue and vehicle license fee revenue.
The projections for property tax revenue are being adjusted to reflect a 20% rate
of growth, which was the growth experienced in fiscal year 2005 for this revenue
category. The combined total of tonight's action will result in an additional
/o,tf
Page 5, Item
Meeting Date 9/13/2005
appropriation of $2.23 million of which $2.06 million will be offset by property tax
revenue and the remaining balance by unanticipated vehicle license fees. It
should be noted that the growth experienced in fiscal year 2005 for property tax
was an historic high for the City; any variance in the actual property tax revenues
may impact the general fund reserves.
..-
10-6
RESOLUTION NO. 2005-
Resolution
Enhancements for
Firefighters Local
Therefore
Approving Salary and Benefit
the International Association of
2180 and Appropriating Funds
WHEREAS, the Management Negotiation Team representing the City of
Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have
met and conferred with the International Association of Firefighters Local 2180 (IAFF),
the recognized organization representing various employee classifications in the Fire
Department, in accordance with the provisions of the Meyers-Milias Brown Act,
California Government Code sections 3500 et seq; and
WHEREAS, the Memorandum of Understanding jointly prepared by the
parties as a result of meeting and conferring in good faith have been presented to the
City Council and have been previously approved in concept by the City Council in
closed session; and
WHEREAS, the salary and benefit provisions of the Memorandum of
Understanding were ratified a vote by the membership of the International Association
of Firefighters Local 2180 on July 20, 2005; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby adopt the salary and benefit provisions of the Memorandum
of Understanding with the International Association of Firefighters Local 2180 as
reflected in Exhibit A.
BE IT FURTHER RESOLVED that the Fire Department's personnel
services budgets for fiscal years 2006 and 2007 are hereby amended by $524,234 and
$560,685 respectively based upon unanticipated property tax revenues and funds
appropriated therefore in fiscal year 2006.
BE IT FURTHER RESOLVED that the Human Resource Department's
personnel services budgets for fiscal years 2006 and 2007 are hereby amended by
$35,000 each year based upon unanticipated property tax revenues and vehicle license
fees and funds appropriated therefore in fiscal year 2006.
Presented by
Approved as to form by
Edward Van Eenoo
Director of Budget and Analysis
~~'I\r~\'\,{~~\l
Ann Moore
City Attorney
/cJ - tP
Exhibit A: Summary of IAFF Salary and Benefit Enhancements
1. The following wage increases shall become effective beginning the first
day of the first full pay period including the stated date:
. January 1, 2006 - 8%
. January 1, 2007 - 2%
. July 1 , 2007 - 2%
. January 1, 2008 - 4%
. January 1, 2009 - 4%
. January 1, 2010-4%
2. The base salary of fire engineers will be set at 17.5% above that of
firefighters effective beginning the first day of the first full pay period
including January 1, 2006.
3. The following benefit enhancements shall be made retroactive to July 1,
2005:
. Increase vacation accruals to 224 hours per year for employees
with 10 to 14 years of service and 288 hours per year for
employees with 15 plus years of service
. Provide education incentive pay on a monthly basis as follows:
- $200 for an Associates Degree or 30 units and 5 years
with City
- $300 for a Bachelors Degree or 30 units and 10 years
with City
. Establish a professional enrichment fund of $35,000 with a
maximum reimbursement of $1,000 per fiscal year per member
. Increase the differential pay for training division staff from 7.5%
to 15% of base salary
. Increase bilingual pay from $100 per month to $200 per month
. Convert Veteran's Day from a floating holiday to hard holiday
and add Cesar Chavez day as a Hard Holiday
4. The following benefit enhancements shall become effective January 1,
2006:
. Increase City provided life insurance to $50,000 per employee
(effective January 1, 2006)
5. Establish a retirement health savings account program to be funded by
employee contributions of prospective annual leave not to exceed two
weeks and/or by a one time contribution of all or a portion of accrued
!() ~1
vacation upon separation or retirement, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the
beginning of open enrollment. The retirement health savings account
program will begin on January 1, 2006 with elections to be made in
October 2005 during open enrollment.
Iv'?
COUNCIL AGENDA STATEMENT
ITEM J.L
MEETING DATE 9/13/05
ITEM TITLE:
Resolution Approving Salary and Benefit
Enhancements for the Chula Vista Employees
Association, the Western Council of Engineers, and for
All Non-Represented Employees and Appropriating
Funds Therefore
Ordinance Amending Chula Vista Municipal
Code Section 2.05.010 Relating to the Establishment of
Unclassified Positions to Add an Animal Control
Manager
During the past several months, representatives for the City have met
independently with representatives for CVEA and WCE towards developing
mutually beneficial MOUs covering fiscal years 2006 through 2010. The City has
reached agreement with each of the bargaining units on salary and benefit
packages covering this timeframe. The City continues to meet and confer with
the groups on a number of MOU related language issues. The final
Memorandums of Understanding with CVEA and WCE will be brought to Council
for adoption later this year once final agreement has been reached.
This resolution will provide wage and benefit enhancements for the following
miscellaneous employee groups:
. Chula Vista Employees Association (CVEA)
. Western Council of Engineers (WCE)
. Confidential Employees
. Mayor and Council
. Executive Managers
. Senior Managers
. Middle Managers
. Unclassified Hourly Employees
The proposed salary and benefit enhancements were ratified by a majority of
CVEA members on July 20, 2005 and by a majority of WCE members on July 12,
2005. \)J
SUBMITTED BY: Director of Budget and Analysi~ ~t
Director of Human Resources ~v ,....
/.f I -yf
REVIEWED BY: City Manager d r (4/5ths Vote: Yes X No )
!/ -J
Page 2, Item
Meeting Date
1/
.
9/13/2005
RECOMMENDATION:
That the City Council:
· Approve the proposed salary and benefit enhancements for CVEA,
WCE, Mayor and Council, Executive Managers, Senior Managers,
Middle Managers, Confidential Employees, and Unclassified Hourly
Employees for the period covering fiscal years 2006 through 2010,
· Add the classification of Animal Control Manager as an unclassified,
at-will position in the Senior Management group,
· Amend various departmental personnel services budgets for fiscal year
2006 by $1,067,350 and fiscal year 2007 by $1,469,355 based upon
unanticipated property tax revenues and appropriate funds therefore in
fiscal year 2006, and
· Amend the Human Resources Department's personnel services
budget for fiscal years 2006 and 2007 by $17,550 each year based
upon unanticipated property tax revenues to increase the professional
enrichment fund for CVEA represented employees and for the
Confidential group
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION
Earlier this year negotiating teams representing the Chula Vista Employees
Association and Western Council of Engineers met independently with
negotiating teams from the City to develop new Memorandums of Understanding
for their respective bargaining groups. A five-year package was developed in
conformance with the Council's compensation policy, including its policy to keep
wages and benefits equal to or greater than the mean compared to other
jurisdictions during the course of the contract, thus attracting and retaining quality
employees as well as rewarding employees' efforts.
The basic wage and benefit increases proposed are the same for all
miscellaneous employees and are summarized on the next page. In addition
there are specific benefits proposed for individual groups based on the profile
and needs of the individual groups. Unless otherwise noted. all benefit chanqes
will be made retroactive to Julv 1. 2005.
The term of the proposed MOUs with CVEA and WCE is five years with a re-
opener after the third year to discuss base wages and additional funding
mechanisms for the retirement health savings account program.
JI-J-
.
Page 3, Item
Meeting Date
/1
9/13/2005
Summary of Basic Wage and Benefits Package (All Employee Groups)
The following base salary and benefit enhancements apply to all miscellaneous
employee groups.
. Base salary will be increased as follows:
Fiscal year 2006 3%
Fiscal year 2007 3%
Fiscal year 2008 4%
Fiscal year 2009 4%
Fiscal year 2010 4%
(The above pay increases will become effective the first full pay period
including January 1 of the fiscal year)
. Increase City provided life insurance to $50,000 per employee (effective
January 1, 2006)
. Increase vacation accruals to 4 weeks per year for employees with 10 to 14
years of service and 5 weeks per year for employees with 15 plus years of
service
· Establish a retirement health savings account program to be funded by
employee contributions of prospective annual leave not to exceed two weeks
and/or by a one time contribution of all or a portion of accrued vacation upon
separation or retirement, provided the employee has a combined annual
leave and sick leave balance of 480 hours at the beginning of open
enrollment. The retirement health savings account program will begin on
January 1, 2006 with elections to be made in October 2005 during open
enrollment.
. Convert Veteran's Day from a floating holiday to a hard holiday
Other Compensation Increases by Group
Chula Vista Employees Association
In addition to the basic wage and benefits package, CVEA represented
employees will receive the following compensation enhancements throughout the
course of the five-year contract:
. An increase of $500 for flexible benefits (effective January 1,2006)
. Based upon recent salary survey data and internal alignment issues it is
recommended that various CVEA positions receive salary increases per
Exhibit D of this report in addition to the 3% cost of living adjustment
(effective the pay period beginning August 19, 2005.)
. Increase Professional Enrichment fund for CVEA from $57,000 to $71,950
//-3
Page 4, Item
Meeting Date
/f
9/13/2005
. Requirement for vacation sell back eligibility decreases from 10 years of
service to 5 years of service.
. Increase uniform cleaning allowance from $75 to $175, and add Animal
Control Assistant to list of eligible classifications
. Public Safety Officers will be on call during their lunch hour and will be
compensated accordingly; this practice will follow the guidelines
established for the Police Dispatchers. Effective the pay period beginning
August 19,2005.
. Establish field training officer (FTO) pay for certain CVEA classifications at
$2 per hour. Effective the pay period beginning August 19, 2005.
. Increase safety shoe allowance from $125 to $150; increase safety shoe
allowance for logger boots from $150 to $200
. Increase shift differential from $45 to $75 per pay period and reduce
eligibility criteria from majority of pay period to majority of work week
. Increase tool allowance from $425 to $500 annually and establish a tool
allowance for Mechanic Assistants of up to $250 annually
. Provide $25 stipend for calls during off duty hours when an employee
performs any type of work on behalf of the City
. The limit for special assignment pay will be increased from 5% to 15%
Additional changes to working conditions may be included in the final
Memorandum of Understanding with CVEA.
Western Council of Engineers
In addition to the basic wage and benefits package, WCE-represented
employees will receive the following compensation enhancement throughout the
course of the five-year contract:
. Establish safety shoe allowance at $150
. The limit for special assignment pay will be increased from 5% to 15%
. The City will pay for one membership fee in any professional organization
as requested in addition to any department-wide memberships
. Change the following titles:
. Assistant Engineer I to Assistant Engineer
. Assistant Engineer II to Associate Engineer
. Civil Engineer to Senior Civil Engineer
11-1
Page 5, Item II
Meeting Date 9/13/2005
Confidential Employees
In addition to the basic wage and benefit package, members of the confidential
employees group will receive the following compensation enhancements
throughout the course of the five-year compensation resolution:
. Increase Administrative Leave from 32 hours per year to 40 hours per
year
. Based upon recent salary survey data and internal alignment issues it is
recommended that various confidential positions receive salary increases
per Exhibit D of this report in addition to the 3% cost of living adjustment
(effective the pay period beginning August 19,2005.)
. Increase Confidential Group Professional Enrichment fund from $2,870 to
$5,470
. The limit for special assignment pay will be increased from 5% to 15%
Executive Managers
In addition to the basic wage and benefits package, members of the executive
management employee group will receive the following compensation
enhancements throughout the course of the five-year compensation resolution:
. Vacation accrual for Executives will be at a rate equivalent to five weeks
per year
Senior Managers
In addition to the basic wage and benefit package, members of the senior
management employee group will receive the following compensation
enhancements throughout the course of the five-year compensation resolution:
. Senior managers will have the option of selling back two weeks of accrued
vacation leave each fiscal year as opposed to one week
. The limit for special assignment pay will be increased from 5% to 10%
. The classification of Animal Control Manager will be moved from middle
management to senior management and the salary established per exhibit
D of this report in lieu of the 3% cost of living adjustment (effective the first
full pay period including January 1, 2006)
Middle Managers
In addition to the basic wage and benefit package, members of the middle
management employee group will receive the following compensation
enhancements throughout the course of the five-year compensation resolution:
11~5
Page 6, Item / I
Meeting Date 9/13/2005
· Based upon recent salary survey data and internal alignment issues it is
recommended that various mid-management positions receive salary
increases per Exhibit D of this report in lieu of the 3% cost of living
adjustment (effective the first full pay period including January 1, 2006)
. Increase the safety shoe allowance from $100 to $150
· The limit for special assignment pay will be increased from 5% to 10%
· Increase administrative leave from 64 hours to 72 hours per fiscal year
. Change the title for Senior Civil Engineer to Principal Engineer
Unclassified Hourly Employees (UCHR)
In addition to the basic wage increases presented above, Council previously
approved salary increases for various UCHR classifications in the Recreation
Department as part of the Phase VI and VII classification study. However,
funding for the approved salary increases was inadvertently excluded from the
associated staff report. Therefore, staff is now recommending that the
Recreation Department's personnel services budget be amended by $174,345 in
FY 2006 and FY 2007 to cover these higher wages.
FISCAL IMPACT
The proposed salary and benefit enhancements for miscellaneous employees
will increase the City's annual ongoing operating costs by approximately $12.5
million by the end of the MOUs. The costs are lower in the first two years: $2.1
million in FY 2006 and $4.6 million in FY 2007 (see table below).
Actual Cost of
Fiscal Year ProDosed MOU Budgeted Amount Difference
FY 2006 $ 2,102,760 $ 1,035,410 $ 1,067,350
FY 2007 $ 4,635,167 $ 3,165,812 $ 1,469,355
FY 2008 $ 6,789,670 n.a. n.a.
FY 2009 $ 9,199,120 n.a. n.a.
FY 2010 $ 12,458,815 n.a. n.a.
In anticipation of the final MOU agreement with CVEA and WCE, $1,035,410 was
included in the FY 2006 budget and $3,165,812 million in the FY 2007 budget.
Therefore, full funding the first two years of the proposed MOU will require
budget amendments totaling $1,067,350 in FY 2006 and $1,469,355 in FY 2007.
These costs can be fully offset by unanticipated property tax revenue.
.
The costs associated with the salary and benefit enhancements can be fully
offset by unanticipated property tax revenue and vehicle license fee revenue.
The projections for property tax revenue are being adjusted to reflect a 20% rate
of growth, which was the growth experienced in fiscal year 2005 for this revenue
j j/!p
Page 7, Item J I
Meeting Date 9/13/2005
category. The combined total of tonight's action will result in an additional
appropriation of $2.23 million of which $2.06 million will be offset by property tax
revenue and the remaining balance by unanticipated vehicle license fees. It
should be noted that the growth experienced in fiscal year 2005 for property tax
was an historic high for the City; any variance in the actual property tax revenues
may impact the general fund reserves.
//-1
RESOLUTION NO. 2005-
Resolution Approving Salary and Benefit
Enhancements for the Chula Vista Employees
Association, the Western Council of Engineers, and All
Non-Represented Employees and Appropriating Funds
Therefore
WHEREAS, the Management Negotiation Team representing the City Of
Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have
met and conferred with the Chula Vista Employees Association and the Western
Council of Engineers, in accordance with the provisions of the Meyers-Milias Brown Act,
California Government Code sections 3500 et seq; and
WHEREAS, the Memorandums of Understanding jointly prepared by the
parties as a result of meeting and conferring in good faith have been presented to the
City Council and have been previously approved in concept by the City Council in
closed session; and
WHEREAS, the salary and benefit provisions of the Memorandums of
Understanding were ratified by a vote of the membership of the Chula Vista Employees
Association and the Western Council of Engineers July 20, 2005 and July 12, 2005
respectively; and
WHEREAS, pursuant to Council direction, staff has developed a pay and
benefits plan for Executive Managers, Senior Managers, Middle Managers, Confidential
Employees, the Mayor and Council, and Unclassified Hourly Employees which provides
for salary and benefit enhancements over the next five years; and
WHEREAS, said pay and benefit plan has been presented to the City
Council and has been previously approved in concept by the City Council in closed
session.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the salary and benefit provisions of the
Memorandum of Understanding with the Chula Vista Employees Association as
reflected in Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby approve the salary and benefit provisions of the Memorandum of
Understanding with the Western Council of Engineers as reflected in Exhibit B.
BE IT FURTHER RESOLVED that the City Council of the City Of Chula
Vista does hereby approve the pay and benefits plan for Executive Managers, Senior
//- g
Managers, Middle Managers, Confidential Employees, the Mayor and Council, and
Unclassified Hourly Employees reflected in Exhibit C.
BE IT FURTHER RESOLVED that the City Council of the City Of Chula
Vista does hereby approve additional salary adjustments for Middle Managers,
Confidential Employees, and various positions represented by the Chula Vista
Employees Association as reflected in Exhibit D.
BE IT FURTHER RESOLVED that the personnel services budgets for all
departments for fiscal years 2006 and 2007 are hereby amended by $1,067,350 and
$1,469,355 respectively, based upon unanticipated property tax revenues and vehicle
license fees and that funds be appropriated therefore in fiscal year 2006.
BE IT FURTHER RESOLVED that the Human Resource Department's
personnel services budgets for fiscal years 2006 and 2007 are hereby amended by
$17,550 each year based upon unanticipated property tax revenues and funds
appropriated therefore in fiscal year 2006.
Presented by
Approved as to form by
Edward Van Eenoo
Director of Budget and Analysis
~fQ'J\.~~~c-;)v\
Ann Moore '
City Attorney
IF?}
Exhibit A
Summary of Proposed Base Salary and Benefit Enhancements for the
Chula Vista Em .10 ees Association
Unless otherwise noted, all benefit changes will be made retroactive to July 1,
2005.
. CVEA employees will receive the following salary increases effective the pay
period including January 1:
Fiscal year 2006 3%
Fiscal year 2007 3%
Fiscal year 2008 4%
Fiscal year 2009 4%
Fiscal year 2010 4%
. Increase City provided life insurance to $50,000 per employee (effective
January 1, 2006)
. Increase vacation accruals to 4 weeks per year for employees with 10 to 14
years of service and 5 weeks per year for employees with 15 plus years of
service.
. Establish a retirement health savings account program to be funded by
employee contributions of prospective annual leave not to exceed two weeks
and/or by a one time contribution of all or a portion of accrued vacation upon
separation or retirement, provided the employee has a combined annual
leave and sick leave balance of 480 hours at the beginning of open
enrollment. The retirement health savings account program will begin on
January 1, 2006 with elections to be made in October 2005 during open
enrollment.
. Convert Veteran's Day from a floating holiday to a hard holiday
. Term of contract is 5 years with a re-opener during the third year to discuss
base wages and additional funding mechanisms for the retirement health
savings account program.
. An increase of $500 for cafeteria plan allotments (effective January 1,2006)
. Equity adjustments, affecting the salary for 271 positions, based on the
benchmark positions listed below. A summary of proposed changes are
included as Exhibit D. Effective the pay period beginning August 19, 2005.
. Equipment Mechanic
. Senior Maintenance Worker
. Plumber
. Police Records Specialist
. Public Works Supervisor
//~/{)
Exhibit A
. Equity adjustments to the following positions based on the benchmark
position of Executive Secretary. A summary of proposed changes are
included as Exhibit D. Effective the pay period beginning August 19, 2005.
. Administrative Secretary
. Administrative Technician
. Nature Center Specialist
. Salary adjustment for Building Inspector series to align with Public Works
Inspector series. Effective the pay period beginning August 19, 2005.
. Increase Professional Enrichment fund for CVEA from $57,000 to $71,950
. Requirement for vacation sell back eligibility decreases from 10 years of
service to 5 years of service.
. Increase uniform cleaning allowance from $75 to $175, and add Animal
Control Assistant to list of eligible classifications.
. Public Safety Officers will be on call during their lunch hour and will be
compensated accordingly; this practice will follow the guidelines established
for the Police Dispatchers. Effective the pay period beginning August 19,
2005.
. Establish field training officer (FTO) pay at $2 per hour. Effective the pay
period beginning August 19,2005.
. Increase safety shoe allowance from $125 to $150; increase safety shoe
allowance for logger boots from $150 to $200.
. Increase shift differential from $45 to $75 per pay period and reduce eligibility
criteria from majority of pay period to majority of workweek.
. Increase tool allowance from $425 to $500 annually and establish a tool
allowance for Mechanic Assistants of up to $250 annually.
. Provide $25 stipend for calls during off duty hours when an employee
performs any type of work on behalf of the City.
. The limit for special assignment pay will be increased from 5% to 15%
Additional changes to working conditions will be brought forward with the
adoption of the final Memorandum of Understanding.
/I~//
.
Exhibit B
Summary of Proposed Base Salary and Benefit Enhancements for the
Western Council of En. ineers
Unless otherwise noted, all benefit changes will be made retroactive to July 1,
2005.
· WCE employees will receive the following salary increases effective the pay
period incfuding January 1 :
Fiscal year 2006 3%
Fiscal year 2007 3%
Fiscal year 2008 4 %
Fiscal year 2009 4%
Fiscal year 201 0 4%
· Increase City provided life insurance to $50,000 per employee (effective
January 1, 2006)
· Increase vacation accruals to 4 weeks per year for employees with 10 to 14
years of service and 5 weeks per year for employees with 15 plus years of
service.
· Establish a retirement health savings account program to be funded by
employee contributions of prospective annual leave not to exceed two weeks
and/or by a one time contribution of all or a portion of accrued vacation upon
separation or retirement, provided the employee has a combined annual
leave and sick leave balance of 480 hours at the beginning of open
enrollment. The retirement health savings account program will begin on
January 1, 2006 with elections to be made in October 2005 during open
enrollment.
· Convert Veteran's Day from a floating holiday to a hard holiday.
· Term of MOU is 5 years with a re-opener during the third year to discuss base
wages and additional funding mechanisms for the retirement health savings
account program.
· Establish safety shoe allowance at $150.
. Increase maximum reimbursement from professional enrichment fund to
$1,000 annually.
· Membership fees - the City will pay for one membership fee in any
professional organization as requested in addition to any department-wide
memberships.
· Change the following titles:
. Assistant Engineer I to Assistant Engineer
. Assistant Engineer II to Associate Engineer
//-/:;)--
Exhibit B
. Civil Engineer to Senior Civil Engineer
. The limit for special assignment pay will be increased from 5% to 15%
Additional changes to working conditions will be brought forward with the
adoption of the final Memorandum of Understanding.
j
. -.
-" ')
, ..........
Exhibit C
COMPENSATION SUMMARY FOR EXECUTIVE MANAGEMENT,
SENIOR MANAGEMENT, MIDDLE MANAGEMENT, CONFIDENTIAL,
MAYOR AND COUNCIL, AND UNCLASSIFIED HOURLY EMPLOYEES
FISCAL YEARS 2006, 2007, 2008, 2009, and 2010
I. EXECUTIVE MANAGEMENT GROUP
(ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT)
A. SALARY & WAGES
1. Salary Increases
a. Executive Managers will receive the following salary increases effective the
pay period including January 1:
(i) FY 2006 3%
(ii) FY 2007 3%
(iii) FY 2008 4%
(iv) FY 2009 4%
(v) FY 2010 4%
B. BENEFITS
1. Deferred Compensation Plan
a. 457 plan - Employees in the Executive Group may participate in the City's
approved deferred compensation plans.
b. 401 (a) plan - Executive Managers, with the exception of the City Manager
and City Attorney, will have an amount equal to 5% of their annual base
salary deposited in a 401(a) plan. One twenty-sixth of the calculated
amount will be deposited for each full or partial pay period the Executive
Manager is employed. There is a matching requirement to participate in
the 401(a) plan; the employee contribution amount is agreed upon by the
Executive Management group and can not exceed the City contribution.
c. 401 (a) plan - The City Manager will have an amount equal to 200% of the
maximum dollar amount allowed under IRC section 457(b)(2)(A) as
adjusted for cost of living adjustments described in IRC section 457(e)(15)
deposited in a 401 (a) plan. The employee contribution is equal to the
maximum dollar amount allowed under IRC section 457(b)(2)(A).
d. 401 (a) plan - The City Attorney will have an amount equal to 100% of the
maximum dollar amount allowed under IRC section 457(b)(2)(A) as
adjusted for cost of living adjustments described in IRC section 457(e)(15)
deposited in a 401(a) plan. The employee contribution is equal to the
maximum dollar amount allowed under IRC section 457(b)(2)(A).
/1-1'-1-
2. Cafeteria Plan
a. In calendar year 2005, Executive Managers received $11,546 annually to
be used for the purchase of approved employee benefits through the
City's cafeteria plan.
b. In the event of increases in health care plan premiums, the City will split
the cost of the increase 50/50 with the employees. The annual cafeteria
plan benefit allotment will be increased by one-half of the average cost
increase for full family non-indemnity health plan premiums. The City's
share of the increased cost will be added to the beginning cafeteria plan
balance of the next available cafeteria plan year.
3. Retirement Health Savings Program
a. Employees will be permitted to make an annual irrevocable election to
contribute up to 80 hours, in 40-hour increments of prospective annual leave
to the Retirement Health Savings program, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the beginning
of open enrollment. Elections must be made during the annual open
enrollment process.
b. Employees will be permitted to make a one-time irrevocable election to
contribute all, or any portion of, their accrued annual leave to the Retirement
Health Savings Program upon separation or retirement from City services.
Elections must be made during open enrollment in the calendar year prior to
retirement or separation.
4. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for Executive Managers.
5. Life Insurance
City pays for a group term life insurance policy with coverage in the amount of
$50,000 per employee.
6. Retirement
Retirement benefits are offered in accordance with the agreements
established through CalPERS
NOTE:
a.
The following applies to all Executive Managers except the Police Chief
and Fire Chief who receive the same PERS Benefits as POA and /AFF
respectively.
The City pays the 8% employee contribution to the Public Employee's
Retirement System for all Executive Managers.
Benefit formula is based on 3% at 60
b.
//-/5
Page 2 of 24
c. Sick Leave Credit - Any unused sick leave days will be converted to
service credit at the rate of 0.004 years of service for each day of sick
leave provided there is less than 120 days between the member's
separation date and retirement date
d. Military Credit - a member may elect to purchase up to four years of
service credit for any continuous active military service prior to
employment
e. COLA 2% - Beginning the 2nd calendar year after the year of retirement,
retirement and survivor allowances will be annually adjusted on a
compound basis of 2% maximum. However, the adjustment may not be
greater than the change in the Consumer Price Index.
f. The City pays-the PERS 1959 Survivors Benefit Fourth Level employee
premium cost.
g. The final compensation is the average full time monthly pay rate for the
highest 12 consecutive months of service
h. Employer Paid Member Contributions (EPMC) reported as additional
compensation.
i. Post-Retirement Survivor Allowance - upon death of a retiree, a
monthly allowance will continue to an eligible survivor as set forth under
the California Government Code sections regulating the CalPERS
benefits
j. Death Benefit continues - provides the death benefits being paid to a
spouse of a member who died prior to retirement will continue in full
should the spouse remarry
k. Retired Death Benefit $5,000 - upon the death of a retiree, a one-time
lump sum payment of $5,000 will be made to the retiree's designated
survivor(s), or the retiree's estate
I. Prior service credit - This is service rendered by the employee prior to
the effective date of the contract with CalPERS
7. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of PERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining
sick leave to cover absences beyond their FMLA entitlement. Sick leave
balance may be applied to applicable PERS service credit. An application for
industrial disability retirement, either employee or employer initiated, shall not
affect the employee's rights under Workers Compensation laws, such as any
otherwise existing right to Temporary Disability benefits for safety officers.
Page 3 of 24
/ j- / ~
8. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules.
9. Annual leave
a. Executive Managers shall earn five weeks (25 days) annual leave per
fiscal year. An employee may not accumulate more than three times the
number of annual leave days accrued annually.
b. Executive Managers will have the option of selling back 2 weeks accrued
annual leave each fiscal year.
10. Holidays
a. Executive Managers will be credited 24 hours each fiscal year for floating
holidays (Lincoln's and Washington's Birthdays,. and Admission Day).
b. The City will be closed on the following hard holidays: Independence Day,
Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving,
Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez
Day, Memorial Day.
11. Administrative Leave
Executive Managers will receive (eighty) 80 hours of Administrative Leave
each fiscal year.
12. Auto Allowance
The City Manager may provide, at his or her discretion, an auto allowance of
up to $550 per month for certain Executive Managers with the allowance
contingent upon evidence of adequate auto insurance.
The City Manager will receive a car allowance of $1 ,000 per month.
13. Severance Pay
In the event an Executive Manager, except the City Manager and City
Attorney, is terminated without cause, he or she shall receive compensation
in a lump sum cash payment equal to nine (9) months of his or her annual
salary and health insurance payments. In the event the City Manager or City
Attorney is terminated without cause, he or she shall receive compensation in
a lump sum cash payment equal to twelve (12) months of his or her annual
salary and health insurance payments.
14. Special Assignment Pay
Executive Managers may receive up to 10% additional compensation when
assigned by the City Manager to a special project.
/ /-11
Page 4 of 24
15. Educational and Uniform Allowances
The Police Chief and Fire Chief will be provided with the uniform allowance
and educational differentials as specified in the POA and IAFF MOUs
respectively.
JI~/~
Page 5 of 24
II. SENIOR MANAGEMENT GROUP
(ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT)
A. SALARY & WAGES
1. Salary Increases
a. Senior Managers will receive the following salary increases effective the pay
period including January 1:
(i) FY 2006 3%
(ii) FY 2007 3%
(iii) FY 2008 4%
(iv) FY 2009 4%
(v) FY 2010 4%
B. BENEFITS
1. Deferred Compensation Plan
a. 457 plan - Employees in the Senior Management Group may participate
in the City's approved deferred compensation plans.
b. 401 (a) - Senior Managers will have an amount equal to 2% of their annual
base salary deposited in a 401(a) plan. One twenty-sixth of the calculated
amount will be deposited for each full or partial pay period the Senior
Manager is employed. There is a matching requirement to participate in the
401 (a) plan; the employee contribution amount is agreed upon by the Senior
Management group and can not exceed the City contribution.
2. Cafeteria Plan
a. In calendar year 2005, Senior Managers received $10,146 annually to be
used for the purchase of approved employee benefits.
b. In the event of increases in health care plan premiums, the City will split
the cost of the increase 50/50 with the employees. The annual cafeteria
plan allotment will be increased by one-half of the average cost increase
for full family non-indemnity health plan premiums. The City's share of
the increased cost will be added to the beginning cafeteria plan balance
of the next available cafeteria plan year.
3. Retirement Health Savings Program
a. Employees will be permitted to make an annual irrevocable election to
contribute up to 80 hours, in 40-hour increments of prospective annual leave
to the Retirement Health Savings program, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the beginning
Page 6 of 24
1/- /9
.
of open enrollment. Elections must be made during the annual open
enrollment process.
b. Employees will be permitted to make a one-time irrevocable election to
contribute all, or any portion of, their accrued annual leave to the Retirement
Health Savings Program upon separation or retirement from City services.
Elections must be made during open enrollment in the calendar year prior to
retirement or separation.
4. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for Senior Managers.
5. Life Insurance
City pays for a group term life insurance policy with coverage in the amount of
$50,000 per employee.
6. Retirement
NOTE:
Retirement benefits are offered in accordance with the agreements
established through CALPERS
a.
The following applies to all Senior Managers except the Sworn Public
Safety Senior Managers who receive the same PERS Benefits as
specified in the applicable public safety MOU.
The City pays the 8% employee contribution to the Public Employee's
Retirement System for all Senior Managers.
Benefit formula is based on 3% at 60
b.
c.
Sick Leave Credit - Any unused sick leave days will be converted to service
credit at the rate of 0.004 years of service for each day of sick leave provided
there is less than 120 days between the member's seperation date and
retirement date
d.
Military Credit - a member may elect to purchase up to four years of service
credit for any continuous active military service prior to employment
COLA 2% - Beginning the 2nd calendar year after the year of retirement,
retirement and survivor allowances will be annually adjusted on a compound
basis of 2% maximum. However, the adjustment may not be greater than
the change in the Consumer Price Index.
The City pays the PERS 1959 Survivors Benefit Fourth Level employee
premium cost.
e.
f.
g.
The final compensation is the average full time monthly pay rate for the
highest 12 consecutive months of service
Page 7 of 24
11- dO
h. Employer Paid Member Contributions (EPMC) reported as additional
compensation
i. Post-Retirement Survivor Allowance - upon death of a retiree, a monthly
allowance will continue to an eligible survivor as set forth under the California
Government Code sections regulating the CalPERS benefits
j. Death Benefit continues - provides the death benefits being paid to a spouse
of a member who died prior to retirement will continue in full should the
spouse remarry
k. Retired Death Benefit $5,000 - upon the death of.a retiree, a one-time lump
sum payment of $5,000 will be made to the retiree's designated survivor(s),
or the retiree's estate
I. Prior service credit - This is service rendered by the employee prior to the
effective date of the contract with CalPERS
7. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of PERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining
sick leave to cover absences beyond their FMLA entitlement. Sick leave
balance may be applied to applicable PERS service credit. An application for
industrial disability retirement, either employee or employer initiated, shall not
affect the employee's rights under Workers Compensation laws, such as any
otherwise existing right to Temporary Disability benefits for safety officers.
8. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules
9. Annual Leave
a. Senior Managers shall earn a minimum of three weeks (15 days)
annual leave per year during the first through ninth year of continuous
service, four weeks (20 days) annual leave after completion of tenth
through fourteenth year of continuous service, and five weeks (25 days)
annual leave for fifteen or more years of continuous service. An
employee may not accumulate more than three times the number of
annual leave days accrued annually.
b. Senior Managers have the option of selling back 2 weeks of accrued
annual leave each fiscal year.
Page 8 of 24
/1- d-{
10. Holidays
a. Senior Managers will be credited 24 hours each fiscal year for floating
holidays (Lincoln's and Washington's Birthdays, and Admission Day).
b. The City will be closed on the following hard holidays: Independence
Day, Labor Day, Veterans Day, Thanksgiving, day after Thanksgiving,
Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar
Chavez Day, Memorial Day.
11. Mileage Reimbursement
Employees in this unit, who do not receive Auto Allowance under Section 13,
shall be subject to a mileage reimbursement program when required to use
their private automobile for authorized City business. Reimbursement rate will
be tied to the IRS rate, in effect at the time reimbursement is requested, as
permitted by law.
12. Administrative Leave
Senior Managers will receive (eighty) 80 hours of Administrative Leave each
fiscal year.
13. Auto Allowance
The City Manager has authorization to provide, at his/her discretion, an auto
allowance of up to $400 per month for certain Senior Managers, with the
allowance contingent upon evidence of adequate auto insurance.
14. Special Assignment Pay
Senior Managers may receive up to 10% additional compensation when assigned
by the City Manager to a special project.
15. Uniform Allowances and Educational Differentials
Sworn public safety senior managers will be provided with the uniform
allowance and educational differentials as specified in the applicable public
safety MOU.
11- ;);).
Page 9 of 24
III. MIDDLE MANAGEMENT GROUP - WITH THE EXCEPTION OF BATTALION CHIEFS
ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT; MIDDLE
MANAGERS ARE CLASSIFIED UNREPRESENTED EMPLOYEES UNLESS
OTHERWISE NOTED IN EXHIBIT X - GROUP MEMBERSHIP LISTING.
A. SALARY & WAGES
1. Salary Increases
a. Middle Managers will receive the following salary increases effective the pay
period including January 1 :
(i) FY 2006 3%
(ii) FY 2007 3%
(iii) FY 2008 4%
(iv) FY 2009 4%
(v) FY 2010 4%
B. BENEFITS
1. Acting Pay
Middle Managers may receive Acting Pay when they are temporarily assigned to a
vacant position to perform the duties of a higher paid classification. Acting Pay
shall be approved by the City Manager or his or her designee prior to the
assignment. The assignment shall be for a period of more than 10 consecutive
work days, and the employee may be compensated with a minimum of 5 percent
above current salary rate up to a maximum of 20 percent, effective the next full
pay period.
2. Out of Class Assignment
Middle Managers may receive Out of Class Assignment (OCA) pay in the event
that they are assigned duties of a higher level classification for a period of more
than 10 consecutive work days. The assignment must be approved in advance by
the City Manager or his or her designee and the employee may be compensated
with a minimum of 5 percent above current salary rate up to a maximum of 20
percent, effective the next full pay period.
NOTE:
For clarification, OCA is differentiated from Acting Pay in that OCA's are
granted to an employee remaining in their current classification, but
performing higher level duties even though no vacancy may exist at the
higher level. Acting Pay is granted to employees assuming the duties of
a vacant, higher level position for a period of time.
3. Safety Equipment, Protective Clothing and Tool Allowance
Middle Managers, upon recommendation of their Department Head, shall
receive $150 towards the purchase of safety shoes.
Page 10 of 24
) {- :?3
4. Retirement
NOTE:
Retirement benefits are offered in accordance with the agreements
established through CALPERS
a.
The following applies to all Mid Managers except Sworn Fire Mid-
Managers who receive the same PERS Benefits as IAFF.
The City pays the 8% employee contribution to the Public Employee's
Retirement System for all Mid Managers.
Benefit formula is based on 3% at 60
b.
c.
Sick Leave Credit - Any unused sick leave days will be converted to service
credit at the rate of 0.004 years of service for each day of sick !eave provided
there is less than 120 days between the member's separation date and
retirement date
d.
Military Credit - a member may elect to purchase up to four years of service
credit for any continuous active military service prior to employment
COLA 2% - Beginning the 2nd calendar year after the year of retirement,
retirement and survivor allowances will be annually adjusted on a compound
basis of 2% maximum. However, the adjustment may not be greater than
the change in the Consumer Price Index.
e.
f.
The City pays the PERS 1959 Survivors Benefit Fourth Level employee
premium cost.
The final compensation is the average full time monthly pay rate for the
highest 12 consecutive months of service
Employer Paid Member Contributions (EPMC) reported as additional
compensation
g.
h.
i.
Post-Retirement Survivor Allowance - upon death of a retiree, a monthly
allowance will continue to an eligible survivor as set forth under the California
Govemment Code sections regulating the CalPERS benefits
Death Benefit continues - provides the death benefits being paid to a spouse
of a member who died prior to retirement will continue in full should the
spouse remarry
Retired Death Benefit $5,000 - upon the death of a retiree, a one-time lump
surn payment of $5,000 will be made to the retiree's designated survivor(s),
or the retiree's estate
j.
k.
I.
Prior service credit - This is service rendered by the employee prior to the
effective date of the contract with CalPERS
Page 11 of24
II-d~
5. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of PERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining
sick leave to cover absences beyond their FMLA entitlement. Sick leave
balance may be applied to applicable PERS service credit. An application for
industrial disability retirement, either employee or employer initiated, shall not
affect the employee's rights under Workers Compensation laws, such as any
otherwise existing right to Temporary Disability benefits for safety officers.
6. 457 plan - Deferred Compensation Plans
Employees in the Middle Management
approved deferred compensation plans.
i
Group may participate in the City's
7.
Cafeteria Plan
a. In calendar year 2005, each Middle Manager received $9,146 to be used
solely for approved employee benefits.
b. In the event of increases in health care plan premiums, the City will split
the cost of the increase 50/50 with the employees. The annual cafeteria
plan allotment will be increased by one-half of the average cost increase
for full family non-indemnity health plan premiums. The City's share of
the increased cost will be added to the beginning cafeteria plan balance
of the next available cafeteria plan year.
8. Retirement Health Savings Program
a. Employees will be permitted to make an annual irrevocable election to
contribute up to 80 hours, in 40-hour increments of prospective annual leave
to the Retirement Health Savings program, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the beginning
of open enrollment. Elections must be made during the annual open
enrollment process.
b. Employees will be permitted to make a one-time irrevocable election to
contribute all, or any portion of, their accrued annual leave to the Retirement
Health Savings Program upon separation or retirement from City services.
Elections must be made during open enrollment in the calendar year prior to
retirement or separation.
9. Life Insurance
City pays for a group term life insurance policy with coverage in the amount of
$50,000 per employee.
.-
1/-;)5
Page 12 of 24
10. Short'Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for middle management positions.
11. Professional Enrichment
The Middle Managers Professional Enrichment Fund of $32,500 is for exclusive
use by members of the Middle Management group for conferences and training.
Employees may receive up to a maximum of $1 ,000 per fiscal year.
12. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules
13. Annual Leave
a. Middle Managers will earn two weeks (10 days) annual leave per year
in the first through fourth year of continuous employment, three weeks
(15 days) annual leave per year in the fifth through ninth year of
continuous service, four weeks annual leave (20 days) per year in the
tenth through fourteenth year of continuous service, and five weeks
annual leave (25 days) for fifteen or more years of continuous service.
An employee may not accumulate more than three times the number of
annual leave days accrued annually.
b. Middle Managers may sell back 1 week of accrued annual leave each
. fiscal year.
14. Administrative Leave
Middle Managers, with the exception of Battalion Chiefs, will receive 72 hours
of Administrative Leave each fiscal year.
15. Holidays
a. Middle Managers will receive 24 hours each fiscal year for floating
holidays (Lincoln's and Washington's Birthdays, and Admission Day).
b. The City will be closed on the following hard holidays: Independence
Day, Labor Day, Veterans Day, Thanksgiving, Day After Thanksgiving,
Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar
Chavez Day, Memorial Day.
16. Mileage Reimbursement
Middle Managers shall be subject to a mileage reimbursement program when
required to use their private automobile for authorized City business.
Reimbursement rate will be tied to the IRS rate, in effect at the time
reimbursement is requested, as permitted by law.
/ {-;).(p
Page 13 of 24
17. Uniform Allowances & Educational Differentials
Sworn public safety Middle Managers will be provided with the uniform
allowances and educational differentials as specified in the applicable public
safety MOU.
18. Bilingual Pay
Those Middle Managers who, upon recommendation of their Department Head,
approval of the Director of Human Resources, and successful completion of a
bilingual performance evaluation will receive $100 per month in addition to their
regular pay on the condition that they continuously utilize their bilingual skills in
the performance of their duties effective the first full pay period after adoption.
Sworn public safety Middle Managers will receive bilingual pay as specified in
the applicable public safety MOU.
19. Special Assignment Pay
Middle Managers may receive up to 10% additional compensation when
assigned by the City Manager to a special project.
Exceptions to the sections detailed above apply to Suppression Battalion Chiefs, as follows:
1. Suppression Battalion Chiefs will receive holiday pay equivalent to two week's
salary in lieu of all floating and hard holidays. Non-Suppression Battalion Chiefs
will receive the same floating and hard holidays benefits as other Middle
Managers.
2. Suppression Battalion Chiefs will earn overtime compensation under the same
terms and conditions as represented sworn fire personnel.
3. Sick leave and annual leave accruals for the Suppression Battalion Chiefs will
be in accordance with the current Memorandum of Understanding with the
International Association of Firefighters Local 2180, except that the maximum
annual leave accrual will be three times the amount accrued annually.
Page 14 of 24
II~d1
IV. CONFIDENTIAL GROUP - ARE CLASSIFIED UNREPRESENTED EMPLOYEES
UNLESS OTHERWISE NOTED IN EXHIBIT X - GROUP MEMBERSHIP LISTING.
A. SALARY & WAGES
1. Salary Increases
a. The Confidential Group will receive the following salary increases effective
the pay period including January 1:
(i) FY 2006 3%
(ii) FY 2007 3%
(iii) FY 2008 4%
(iv) FY 2009 4%
(v) FY 2010 4%
B. BENEFITS
1. Retirement
Retirement benefits are offered in accordance with the agreements
established through CALPERS
a. The City pays the 8% employee contribution to the Public Employee's
Retirement System for all Confidential employees.
b. Benefit formula is based on 3% at 60
c. Sick Leave Credit - Any unused sick leave days will be converted to
service credit at the rate of 0.004 years of service for each day of sick
leave provided there is less than 120 days between the member's
separation date and retirement date
d. Military Credit - a member may elect to purchase up to four years of
service credit for any continuous active military service prior to
employment
e. COLA 2% - Beginning the 2nd calendar year after the year of retirement,
retirement and survivor allowances will be annually adjusted on a
compound basis of 2% maximum. However, the adjustment may not be
greater than the change in the Consumer Price Index.
f. The City pays the PERS 1959 Survivors Benefit Fourth level employee
premium cost.
g. The final compensation is the average full time monthly pay rate for the
highest 12 consecutive months of service
h. Employer Paid Member Contributions (EPMC) reported as additional
compensation
Page 15 of 24
/f,;?-Z
i. Post-Retirement Survivor Allowance - upon death of a retiree, a monthly
allowance will continue to an eligible survivor as set forth under the
California Govemment Code sections regulating the CalPERS benefits
j. Death Benefit continues - provides the death benefits being paid to a
spouse of a member who died prior to retirement will continue in full
should the spouse remarry
k. Retired Death Benefit $5,000 - upon the death of a retiree, a one-time
lump sum payment of $5,000 will be made to the retiree's designated
survivor(s), or the retiree's estate
I. Prior service credit - This is service rendered by the employee prior to the
effective date of the contract with CalPERS
2. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of PERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining
sick leave to cover absences beyond their FMLA entitlement. Sick leave
balance may be applied to applicable PERS service credit. An application for
industrial disability retirement, either employee or employer initiated, shall not
affect the employee's rights under Workers Compensation laws, such as any
otherwise existing right to Temporary Disability benefits for safety officers.
3. Deferred Compensation Plans
457 plan - Employees in the Confidential Group may participate in the City's
approved deferred compensation plans.
4. Cafeteria Plan
a. In calendar year 2005, each Confidential Employee received $8,646 to
be used solely for approved employee benefits.
b. In the event of increases in health care plan premiums, the City will split
the cost of the increase 50/50 with the employees. The annual cafeteria
plan allotment will be increased by one-half of the average cost increase
for full family non-indemnity health plan premiums. The City's share of
the increased cost will be added to the beginning cafeteria plan balance
of the next available cafeteria plan year.
JI."J-CI
!! v' I
Page 16 of 24
5. Retirement Health Savings Program
a. Employees will be permitted to make an annual irrevocable election to
contribute up to 80 hours, in 40-hour increments of prospective annual leave
to the Retirement Health Savings program, provided the employee has a
combined annual leave and sick leave balance of 480 hours at the beginning
of open enrollment. Elections must be made during the annual open
enrollment process.
b. Employees will be permitted to make a one-time irrevocable election to
contribute all, or any portion of, their accrued annual leave to the Retirement
Health Savings Program upon separation or retirement from City services.
Elections must be made during open enrollment in the calendar year prior to
retirement or separation.
6. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for the Confidential employees.
7. Professional Enrichment
The Confidential Employees Professional Enrichment Fund of $5,470 is for
exclusive use by members of the Confidential Employees for conferences and
training. Employees may receive up to a maximum of $1 ,000 per fiscal year.
8. Life Insurance
City pays for a group term life insurance policy with coverage in the amount of
$50,000 per employee.
9. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules .
10. Annual Leave
a. Confidential employees will earn two weeks (10 days) annual leave per
year in the first through fourth year of continuous employment, three
weeks (15 days) annual leave per year in the fifth through ninth year of
continuous service, four weeks annual leave (20 days) per year in the
tenth through fourteenth year of continuous service, and five weeks
annual leave (25 days) for fifteen or more years of continuous service.
An employee may not accumulate more than three times the number of
annual leave days accrued annually.
b. Confidential employees with a minimum of five years full-time
employment have the option of selling back 40 hours of accumulated
annual leave per fiscal year. Annual leave must be sold in 40-hour
increments.
Page 17 of 24
1/#30
11. Holidays
a. Confidential employees will receive 24 hours each fiscal year for floating
holidays (Lincoln's and Washington Birthday's, and Admissions Day).
b. The City will be closed on the following paid hard holidays:
Independence Day, Labor Day, Veterans Day, Thanksgiving, Day after
Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s
Birthday, Cesar Chavez Day, Memorial Day.
12. Administrative Leave
Confidential employees will receive 40 hours of Administrative Leave each
fiscal year.
13. Mileage Reimbursement
Employees in this unit shall be subject to a mileage reimbursement program
when required to use their private automobile for authorized City business.
Reimbursement rate will be tied to the IRS rate in effect at the time
reimbursement is requested, as permitted by law.
14. Bilingual Pay
Those employees who, upon recommendation of the Department Head,
approval of the Director of Human Resources Department, and successful
completion of a Bilingual Performance Evaluation, and who are required to
continuously use their bilingual skills in the performance of their duties, will
receive $100 per month in addition to their regular pay effective the first full pay
period after adoption.
15. Special Assignment Pay
Confidential employees may receive up to 10% additional compensation when
assigned by the City Manager to a special project.
II~ 31
Page 18 of 24
V. MAYOR AND COUNCIL
A. SALARY & WAGES
1. Salary Increases
The Mayor shall receive an annual salary equivalent to 66% of the salary of a
Judge of the Superior Court of the State of California. The four Council members
shall receive 40% of the salary of the Mayor. Salary adjustments will occur at the
same time and be effective on the same date as the Superior Court Judges.
B. BENEFITS
1. Cafeteria Plan
Cafeteria plans will be set at the level specified for Executive Managers. The
cafeteria plan is to be used solely for approved employee benefits.
2. Auto Allowance
The Mayor will be provided with a monthly auto allowance equal to the City
Manager per Resolution 2004-208. Council members will be provided with a
monthly auto allowance of $550. The allowance is contingent upon evidence
of adequate auto insurance.
3. Expense Allowance
The Mayor will be provided with a monthly expense allowance of $1,000 and
Council members will be provided with a monthly expense allowance of $500.
4. Travel Reimbursements
The Mayor and Council members shall receive reimbursement on order of the
City Council for Council-authorized travel and other expenses when on official
duty out of the City.
5. Stipends
a. The Mayor and Council members will receive a $30 stipend for
attending Redevelopment Agency meetings.
b. The Mayor and Council members will receive $50 stipend for attending
Housing Authority meetings. No member shall receive compensation
for attending more than four meetings of the Housing Authority during
any calendar month.
c. The Mayor and Council members will receive a stipend, to be set by
resolution, for serving as the Chula Vista Redevelopment Board.
II-3d-
Page 19 of 24
VI. UNCLASSIFIED HOURLY EMPLOYEES
A. SALARY & WAGES
1. Salary Increases
a. Unclassified Hourly employees will receive the following salary increases
effective the pay period including January 1:
(i) FY 2006 3%
(ii) FY 2007 3%
(iii) FY 2008 4%
(iv) FY 2009 4%
(v) FY 2010 4%
B. BENEFITS
1. Retirement
a. UCHR employees are enrolled in the Public Agency Retirement System
Alternate Retirement System (PARS-ARS)
b. The City pays 3.75% of the employees salary into the employee's PARS-
ARS account
c. Each pay period 3.75% will be deducted from the employee's salary and
deposited to the employee's PARS-ARS account
C. SCHOOL SITE COORDINATORS - STRETCH PROGRAM
1. School Site Coordinators in the STRETCH program shall receive the following
benefits equivalent to the CVEA bargaining group
a. Cafeteria Plan
b. Short/long term disability insurance
c. Basic life insurance coverage
Page 20 of 24
1/-33
X. GROUP MEMBERSHIP LISTING
The following shows the classifications assigned to each group as of July 1, 2005.
A. EXECUTIVE MANAGEMENT GROUP
City Manager
City Attorney
City Clerk
Assistant City Manager
Chief of Police
Director of Budget and Analysis
Director of Communications
Director of Community Development
Director of Conservation & Environmental Services
Director of Employee Development
Director of General Services
Director of Human Resources
Director of Management and Information Services
Director of Planning and Building
Director of Public Works Operations
Director of Engineering
Director of Finance
Director of Recreation
Director of the Nature Center
Fire Chief
Senior Assistant City Attorney
B. SENIOR MANAGEMENT GROUP'
Administrative Services Manager
Advanced Planning Manager
Animal Control Manager
Assistant Chief of Police
Assistant City Attorney
Assistant City Clerk
Assistant Director Building and Housing
Assistant Director Community Development
Assistant Director Human Resources
Assistant Director of Budget and Analysis
Assistant Director of Finance
Assistant Director Planning
Assistant Director of Recreation
Assistant Library Director
Assistant Director of Public Works Operations
Building Services Manager
, The City of Chula Vista serves as a pass through agency for the California Border Alliance Group (CBAG); the
CBAG Deputy Executive Director shall receive the benefit package detailed for Senior Managers but no salary
adjustments are provided for in this resolution.
Page 21 of 24
11-3}
CBAG Deputy Executive Director
Chief Learning Officer
Chief of Staff
Communications Manager
Community Relations Manager
Cultural Arts and Fund Development Manager
Deputy Director of General Services
Deputy Building Official
Deputy City Attorney III
Deputy Director of Engineering
Deputy Director of Redevelopment
Deputy Fire Chief
Development Planning Manager
Economic Development Manager
Energy Services Manager
Fiscal Operations Manager
Grants Development Manager
Housing Manager
Human Resources Operations Manager
Parks and Open Space Manager
Planning and Housing Manager
Police Captain
Purchasing Agent
Redevelopment Projects Manager
Risk Manager
Treasury Manager
C. MIDDLE MANAGEMENT GROUP'
Applications Support Manager
Assistant Transit Coordinator
Avian Specialist
Battalion Chief
Benefits Manager
CBAG Budget Manager
CBAG Meth Strike Force Coordinator
CBAG Network Manager
CBAG Network Administrator I
CBAG Program Analyst
CBAG Program Manager
City Arborist
Code Enforcement Manager
Collections Supervisor
Communications Specialist
Conservation Coordinator
Unclassified
Unclassified
Unclassified
Unclassified
Unclassified
Unclassified
2 The City of Chula Vista serves as a pass through agency for the California Border Alliance Group (CBAG);
CBAG positions shall receive the benefit package detailed for Middie Managers but no salary adjustments are
provided for in this resolution. All CBAG positions are unclassified.
Page 22 of 24
/ / ~ 35
Constituent Services Manager
Construction and Repair Manager
Cultural Arts Coordinator
Custodial and Facilities Manager
Deputy City Attorney I
Deputy City Attorney II
Deputy City Clerk
Design Specialist
Disaster Preparedness Manager
Educational Services Manager
Environmental Project Manager
Environmental Resource Manager
Environmental Redevelopment Coordinator
Equipment Maintenance Manager
Fire Communications Manager
Fire Marshal
Fiscal and Management Analyst
Fleet Manager
Human Resources Analyst
Informix Database Administrator
Intergovernmental Affairs Coordinator
Landscape Architect
Lead Programmer/Analyst
Library Automation Specialist
Library Public Services Manager
Literacy Team Coordinator
Micro Computer Specialist
Microcomputer Support Manager
Nature Center Program Manager
Open Space Manager
Operations and Telecommunications Manager
Parks Manager
Plan Check Supervisor
Police Support Services Manager
Principal Civil Engineer
Principal Community Development Specialist
Principal Human Resources Analyst
Principal Librarian
Principal Management Analyst
Principal Management Assistant
Principal Planner
Principal Recreation Manager
Public Information Officer (Police Department)
Public Works Manager
Real Property Manager
Records Manager
Risk Management Specialist
Senior Accountant
Senior Building Project Supervisor
Page 23 of 24
Unclassified
Unclassified
Unclassified
Unclassified
Unclassified
//-3~
Senior Community Development Specialist
Senior Deputy City Clerk
Senior Employee Development Specialist
Senior Human Resources Analyst
Senior Librarian
Senior Management Analyst
Senior Management Assistant
Senior Micro Computer Specialist
Senior Planner
Senior Procurement Specialist
Senior Public Safety Analyst
Senior Recreation Supervisor
Senior Risk Management Specialist
Transit Coordinator
Unix System Administrator
Veterinarian
Wastewater Collections Manager
Unclassified
Unclassified
D. CONFIDENTIAL GROUP3
Accountant
Administrative Secretary
Associate Accountant
Benefits Technician
CBAG Analyst
CBAG Executive Assistant
CBAG Graphic Designer/Webmaster
CBAG Management Assistant
CBAG RCFL Network Engineer
Executive Secretary
Legal Assistant
Senior Benefits Technician
Senior Council Assistant
Senior Fiscal Office Specialist
Senior Legal Assistant
Senior Secretary
Senior Administrative Secretary
Unclassified
Unclassified
Unclassified
Unclassified
Unclassified
Unclassified
Unclassified
3 The City of Chula Vista serves as a pass through agency for the California Border Alliance Group (CBAG);
CBAG positions shall receive the benefit package detailed for the Confidential group but no salary adjustments
are provided for in this resolution. All CBAG positions are unclassified.
0....."'...."11 ....f'JA
/i~31
SALARY ADJUSTMENTS BY BARGAINING GROUP
Exhibit D
SENIOR MANAGERS - EFFECTIVE THE PAY PERIOD INCLUDING 1/1/2006
Animal Control Manager' $ 3,559.81 $ 4,620.94 29.81%
MIDDLE MANAGERS - EFFECTIVE THE PAY PERIOD INCLUDING 1/1/2006
Avian Specialist $ 1,900.73 $ 2,292.25 20.60%
Battalion Chief (112 Hr) $ 3,926.11 $ 4,240.20 8.00%
Benefits Manager $ 3,317.78 $ 3,498.27 5.44%
City Arborist $ 2,978.92 $ 3,168.08 6.35%
Conservation Coordinator $ 2,833.17 $ 3,216.93 13.55%
Constituent Services Manager $ 2,220.27 $ 2,416.14 8.82%
Construction & Repair Manager $ 3,187.34 $ 3,332.36 4.55%
Crime Laboratory Manager $ 3,105.08 $ 3,838.45 23.62%
Custodial & Facility Manager $ 2,978.92 $ 3,332.36 11.86%
Educational Services Manager $ 3,725.60 $ 4,023.65 8.00%
Environmental Resource Manager $ 3,415.99 $ 3,216.93 -5.83%
Equipment Maintenance Manager $ 2,978.92 $ 3,168.08 6.35%
Fire Marshal $ 3,925.85 $ 4,239.92 8.00%
Fiscal and Management Analyst $ 3,415.99 $ 3,601.82 5.44%
Human Resources Analyst $ 2,454.60 $ 2,588.13 5.44%
Intergovernmental Affairs Coordinator $ 2,822.98 $ 3,056.94 8.29%
Lib Public Services Manager $ 3,725.60 $ 4,023.65 8.00%
Open Space Manager $ 2,978.92 $ 3,168.08 6.35%
Parks Manager $ 2,978.92 $ 3,168.08 6.35%
Principal Human Resources Analyst $ 3,105.08 $ 3,274.00 5.44%
Principal Management Analyst $ 3,105.08 $ 3,274.00 5.44%
Principal Management Assistant $ 3,105.08 $ 3,274.00 5.44%
Principal Recreation Manager $ 2,967.90 $ 3,168.23 6.75%
Public Works Manager $ 2,978.92 $ 3,168.08 6.35%
Risk Management Specialist $ 2,454.60 $ 2,588.13 5.44%
Records Manager $ 2,345.77 $ 2,726.97 16.25%
Senior Human Resources Analyst $ 2,822.79 $ 2,976.35 5.44%
Senior Management Analyst $ 2,822.79 $ 2,976.35 5.44%
Senior Management Assistant $ 2,822.79 $ 2,976.35 5.44%
Senior Recreation Supervisor $ 2,581.48 $ 2,755.73 6.75%
Senior Risk Management Specialist $ 2,822.79 $ 2,976.35 5.44%
CVEA - EFFECTIVE THE PAY PERIOD BEGINNING 8/19/2005
Administrative Secretary $ 1,947.77 $ 1,984.19 1.87%
Administrative Technician $ 1,947.77 $ 1,984.19 1.87%
Building Inspector I $ 2,082.91 $ 2,291.20 10.00%
Building Inspector II $ 2,291.21 $ 2,520.33 10.00%
Building Inspector III $ 2,520.33 $ 2,772.36 10.00%
Jf~3'6
SALARY ADJUSTMENTS BY BARGAINING GROUP
Exhibit D
PO$.tJ~N;TITLE . , "::d,';.~,;~ CURRENT' ::, 'PROPOSED INCREASE
Equipment Mechanic
Senior Equipment Mechanic
Pump Maintenance Technician
Pump Maintenance Supervisor
Senior Maintenance Worker
Maintenance Worker I
Maintenance Worker II
Equipment Operator
Gardener (Seasonal)
Gardener I
Gardener II
Senior Gardener
Senior Park Ranger
Nature Center Maintenance Specialist
Nature Center Grounds Maintenance Worker
Custodian
Lead Custodian
Senior Custodian
Storekeeper
Storekeeper Supervisor
Delivery Driver
Tree Trimmer
Senior Tree Trimmer
Tree Trimmer Supervisor
Plumber
Painter
Carpenter
Locksmith
Senior HVAC Technician
HVAC Technician
Electrician
Senior Electrician
Electronics/Equipment Installer
Electronics Technician
Electronics Technician Supv
Traffic Devices Technician
Traffic Devices Tech Supv
Police Records Specialist
Office Specialist
Senior Office Specialist
Fiscal Office Specialist
Senior Fiscal Office Specialist
Police Records Transcriptionist
Police Data Specialist
Senior Police Data Specialist
$ 1,914,59 $
$ 2,201.78 $
$ 2,010,14 $
$ 2,355,68 $
$ 1,862,20 $
$ 1,410.75 $
$ 1,551.83 $
$ 2,048.41 $
$ 1,410,75 $
$ 1,410.75 $
$ 1,551.83 $
$ 1,862,20 $
$ 1,551,83 $
$ 1,862,20 $
$ 1,410,75 $
$ 1,410.75 $
$ 1,551.83 $
$ 1,784.60 $
$ 1,551.83 $
$ 1,862.20 $
$ 1,239.19 $
$ 1,707.01 $
$ 2,048.41 $
$ 2,355.68 $
$ 1,968.84 $
$ 1,789.86 $
$ 1,968.84 $
$ 1,968.84 $
$ 2,377.38 $
$ 2,067.29 $
$ 2,067.29 $
$ 2,377.38 $
$ 1,879.35 $
$ 2,274.06 $
$ 2,615.17 $
$ 2,274.06 $
$ 2,615.17 $
$ 1,386,75 $
$ 1,386,75 $
$ 1,525.43 $
$ 1,456.09 $
$ 1,601.70 $
$ 1,386.75 $
$ 1,386.75 $
$ 1,594.77 $
iI'3Q
1,981.03
2,278.18
2,079.89
2,437.42
1,916.76
1 ,452.08
1,597.30
2,108.43
1,452.08
1,452.08
1,597.30
1,916.76
1,597.30
1,916.76
1,452.08
1,452.08
1,597.30
1,836.89
1,597.30
1,916.76
1,275.50
1,757.03
2,108.43
2,424.70
1,999.36
1,817.60
1,999.36
1,999.36
2,414.23
2,099.33
2,099.33
2,414.23
1,908.48
2,309.31
2,655.71
2,309.31
2,655.71
1,412,68
1,412.68
1,553.96
1,483,32
1,631.65
1,412.68
1,412.68
1,624.59
3.47%
3.47%
3.47%
3.47%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
2.93%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.55%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
SALARY ADJUSTMENTS BY BARGAINING GROUP
Exhibit D
. a .
Records Technician $ 1,525.43 $ 1,553.96 1.87%
vOl nUl r'\C\..UI U<::J I C'I."I II 1Il"ldl I $ 1 ,754.24 $ 1 ,787.04 1.87%
f_........ .....1.....__;.&:...........:__\
Secretary $ 1,525.43 $ 1,553.96 1.87%
Senior Secretary $ 1,677.97 $ 1,709.35 1.87%
Public Works Supervisor $ 2,355.68 $ 2,434.60 3.35%
Parks Supervisor $ 2,355.68 $ 2,434.60 3.35%
Signing and Striping Supervisor $ 2,355.68 $ 2,434.60 3.35%
CONFIDENTIAL - EFFECTIVE THE PAY PERIOD BEGINNING 8/19/2005
Administrative Secretary $ 1,947.77 $ 1,984.19
Administrative Technician $ 1,947.77 $ 1,984.19
Benefits Technician $ 1,843.62 $ 1,878.10
Executive Secretary $ 2,356.80 $ 2,400.87
Legal Assistant $ 1,947.77 $ 1,984.19
Senior Administrative Secretary $ 2,142.55 $ 2,182.62
Senior Benefits Technician $ 2,095.23 $ 2,134.41
Senior Fiscal Office Specialist $ 1,601.70 $ 1,631.65
Senior Legal Assistant $ 2,142.55 $ 2,182.62
Senior Secretary $ 1,677.97 $ 1,709.35
'This position was previously classified as a Middle Manager.
NOTE: ALL SALARIES REPRESENT THE BI-WEEKLY E STEP RATE
}/-'-io
; 1 .
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
1.87%
ORDINANCE NO.
Ordinance Amending Chula Vista Municipal
Code Section 2.05.010 Relating to the Establishment of
Unclassified Positions to Add an Animal Control
Manager
WHEREAS, the Human Resources Department has created a new classification
to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of
the Charter of the City, there are established the unclassified positions entitled
Administrative Services Manager, Advanced Planning Manager, Animal Control
ManaQer, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant
Director of Building and Housing, Assistant Director of Community Development,
Assistant Director of Finance, Assistant Director of Human Resources, Assistant
Director of Planning, Assistant Director of Public Works and Operations, Assistant
Director of Recreation, Assistant Library Director, Building and Park Construction
Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG
Budget Manager, CBAG Executive Assistant, CBAG Graphics Designer/Webmaster,
CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator,
CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network
Manager, CBAG Operationsllntelligence Coordinator, CBAG Program Analyst, CBAG
Regional Computer Forensic Laboratory Network Engineer, Chief Learning Officer,
Chief of Staff, Communications Manager, Community Liaison (Assigned to the Office of
the Mayor and City Council), Community Relations Manager, Constituent Services
Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building
Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy
Director of General Services, Deputy Director of Planning, Deputy Fire Chief,
Development Planning Manager, Director of Budget and Analysis, Director of
Communications, Director of Conservation and Environmental Services, Director of
Employee Development, Energy Services Manager, Fiscal Operations Manager,
Human Resources Operations Manager, Intergovernmental Affairs Coordinator, Office
Specialist (Mayor's Office), Parks and Open Space Manager, Police Captain,
Purchasing Agent, Real Property Manager, Risk Manager, Traffic Engineer, Transit
Coordinator, Treasury Manager, Senior Council Assistant.
II-L-/I
SECTION II: This ordinance shall take effect and be in full force thirty days from its
adoption.
Submitted by
Approved as to form by
Edward Van Eenoo
Director of Budget and Analysis
~~OI\~~~~
Ann Moore
City Attorney
.
.
.
j/-/j?r
COUNCIL AGENDA STATEMENT
Item: l:r
Meeting Date: 9/13/05
ITEM TITLE:
Resolution Approving Chula Vista Tract No. 92-02A, Rolling
Hills Ranch, Subarea III, Neighborhood lOB Final Map; accepting on
behalf of the City the various public easements, all as granted on said map
within said Subdivision; approving the Subdivision Improvement
Agreement for the completion of improvements required by said
Subdivision; approving the associated Supplemental Subdivision
Improvement Agreement; and authorizing the Mayor to execute said
agreements.
SUBMITTED BY:
Resolution Approving a Grant Of Easements, License And
Maintenance Agreement between McMillin Rolling Hills Ranch, LLC,
and the City Of Chula Vista for the maintenance of public right-of-way
within Rolling Hills Ranch Subarea III, Neighborhood lOB, and
authorizing the Mayor to execute said agreement.
\I. v ~S.~
City Engineer I"D
City Manager f+~ r i(
(4/5ths Vote: Yes _ No X )
REVIEWED BY:
On October 6, 1992, Council approved a Tentative Subdivision Map for Salt Creek Ranch, Chula
Vista Tract No. 92-02. On May 13,2003, Council approved an Amending Tentative Subdivision
Map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Subarea III, Chula Vista
Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original Tentative Subdivision
Map were redesigned. Staff proposes that Council now consider approval of the Neighborhood
lOB Final Map, its associated Subdivision and Supplemental Subdivision Improvement
Agreements, and a Grant of Easements, License & Maintenance Agreement for privately
maintained public property.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Rolling Hills Ranch Neighborhood lOB is a 16.68-acre project generally located north of Proctor
Valley Road and east of Hunte Parkway in the easterly central portion of Rolling Hills Ranch
Subarea III. The project consists of 16 residential lots (see Attachment 1). The Tentative Map
was approved October 6, 1992 (Resolution No. 16834). An Amending Tentative Map was
approved May 13, 2003 (Resolution No. 2003-199).
Final Map: The Final Map has been reviewed by the City Engineer and found to be in
substantial conformance with the approved Tentative Map. The developer, McMillin Rolling
Hills Ranch, LLC, has already paid all applicable fees.
Council approval of the Final Map will constitute:
. Acceptance by the City of the fuel modification open space easements.n12-1
Page 2, Item i ~
Meeting Date 9/13/05
. Acceptance by the City of the sight visibility easements with the rights of ingress and
egress.
. Acceptance by the City of the 5.50-foot tree planting and maintenance easements, with
the rights of ingress and egress for the construction and maintenance of street planting
along Via Maggiore.
. Acceptance by the City for public use of Via Maggiore.
. Abandonment of existing general utility and access easement per section 66499.20-Y2 of
the Subdivision Map Act (to be replaced by the dedication of Via Maggiore).
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision hnprovement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision hnprovement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 16834 and the Amending
Tentative Map approved by Resolution No. 2003-199. These conditions will remain in
effect until completed by the developer and/or their successors(s) in interest. This
include bonding for two traffic signals along Proctor Valley Road at the intersections of
Rocking Horse Drive and Lane Avenue.
3. Grant of Easements. License & Maintenance Agreement: Establishes obligations and
responsibilities for the maintenance of certain improvements located within public rights-
of-way by the developer and/or their successor(s) in interest, as required by the Tentative
Map conditions of approval.
The developer is in compliance with the Agreement for Monitoring Building Permits as
approved by Resolution 2003-166.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment I: Plat of RoUing Hills Ranch Neighborhood lOB, Chula Vista Tract No. 92.0ZA
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements, License & Maintenance Agreement
IICitywide2000\home\EngineerlAGENDAICAS2005\09-t3-05\RHR NIOB A1l3.doc}
12-2
"
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
SUBAREA III NEIBORHOOD lOB
o 200 400
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SCALE 1'= 200'
600
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8
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R:IOJIIll_p\ciIy ""unCl7 txhiblt.dIfg[I619j1<Jg-25-2005:12:12
12-3
ATTA~I-IMS:NT 1
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or [mancial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
;11.-;14/7)# LV hf/6 ~pc,(,/ L,te-
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
.;;;:., ~~';"'-s'''N
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5. Has anyperson* associated with this contract had any financial dealings with an official** of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No----X...-
12-4
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the fInancial interest the official*'" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No x.. Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official** of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No ~
If Yes, which official** and what was the nature of item provided?
Date: or- i I "2..00('
*
Person is defIned as: any individual, fIrm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
"'*
OffIcial includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
1:\Attomcy\forros\disclosure statement 3 -6~03
12-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
al -
Dated: ! 7 ( J.)
Grant of Easements, License, and Maintenance Agreement
between the City ofChula Vista and
McMillin Rolling Hills Ranch, LLC for
Maintenance of Public Right-of-Way within
Rolling Hills Ranch, Subarea III, Neighborhood 1 DB
12'-6
EXHIBIT ^
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
TillS AGREEMENT, made and entered into this
day of .2005, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City", and MCMILLIN ROLLING lllLLS RANCH, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, 2750 Womble Road, San Diego, CA,
hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
[City Council] for approval and recordation, a final subdivision map of a proposed subdivision,
to be known as ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD lOB (CVT 92-
02A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista Municipal Code [The Code]
relating to the fIling, approval and recordation of subdivision map; and
WHEREAS, The Code provides that before said map is fmally approved by the City
Council, Subdivider must have either installed and completed all of the public improvements
and/or land development work required by The Code to be installed in subdivisions before fmal
maps of subdivisions are approved by the City Council for purpose of recording in the Office of
the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement security to insure the
performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal
The Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the
public improvements and/or land development work required in said subdivision within a
defmite period of time prescribed by said City Council; and
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12-7
WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map
by the City Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
City in cOIlJ?ection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th
day of October, 1992 ("Tentative Map Resolution"); and
WHEREAS, an amending tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as contained in Resolution No. 2003-
199, approved on the 13th day of May, 2003 ("Amending Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing No. 04014 on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted. and approved by the City in the amount of
SEVEN HUNDRED THOUSAND DOLLARS AND NO CENTS ($700,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution and Amending Tentative Map Resolution; to do
and perform or cause to be done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the satisfaction and approval of the
City Engineer, all of the public improvement and/or land development work required to be done
in and adjoining said subdivision, including the improvements described in the above Recitals
("Improvement Work"); and will furnish the necessary materials therefore, all in strict
conformity and in accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and as described in the above Recitals
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of City Council approval of the
Subdivision Improvement Agreement.
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12-8
4. It is understood and agreed that Subdivider will perfonn Silid Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the perfonnance of said
Improvement Work, Subdivider will confonn to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($350,000.00) which security
shall guarantee the faithful perfonnance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($350,000.00) to secure the
payment of material and labor in connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond
amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE
THOUSAND DOLLARS AND NO CENTS ($5,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof.
9. ,It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be perfonned. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
tenns of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perfonn the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
-3-
12-9
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of <:;hula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of The Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of fmal acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
-4-
12-10
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City and its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning this subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place instead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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1 2-11
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD lOB
(CVT 92-02A)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
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12-12
SIGNA1lJRE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD lOB
(CVT 92-02A)
McMillin Rolling Hills Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General~er./ .
BY:~ ~~
Its: V f,
By:
5((. V.ciE Pv-esfrleIJT
Its:
(Attach Notary Acknowledgment)
-7-
12-13
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 8/8/05 , before me, Ann M. Futo. Notary Public personally appeared Joe
W. Shiellv and Tom Tomlinson, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
~ YYl, JJ-o
Signature
i- - - -
- -- .- .- .- - .- -
. ANN M. Furo
$~ Commifslon # 1546a38 J
". Notary Public. CallfomJa f
j San DIego County d
_ _ _ ~:~~~_~23,
-
This area for official notarial seal
Title of Document Subdivision Imorovement Aqreement - Rollino Hills Subarea III. Neioh. 1 DB
Date of Document
Other signatures not acknowledged
No. of Pages
12-14
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$350,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$350,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$5,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Engineer\LANDDEV\Projects\Rolling Hills Rancb\Neighborhood IOB\SIA RHR NIQB Map - Final Draft.doc
-8-
12-15
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
'l J, p /f11L-
Ann Moore
City Attorney
Dated:
Subdivision Improvement Agreement between the
City ofChula Vista and McMillin Rolling Hills Ranch, LLC for
Rolling Hills Ranch, Subarea III, Neighborhood lOB for the
Completion of Improvements
/ h JDS
12-16
EXHIBIT 'B
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vi$ta, CA 91910
No tran$fer tax i$ due a$ thi$ i$ a
conveyance to a public agency of
le$$ than a fee intere$t for which
no ca$h con$ideration ha$ been paid
or received.
Developer
Above Space for Recorder'$ U$e
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH SUBAREA III NEIGHBORHOOD 10B
(Conditions 2- 5,13,15,27,35,58,59,66,89,91,110,111,121-128,135, 136 of
Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and 55, 88, 92, 133,
137 of Resolution 2003-199 for Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea
III)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of , 2005, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING
HILLS RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part ofthis
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is referred to as Rolling Hills Ranch
Subarea III Neighborhood 1 OB, Chula Vista Tract No. 92-02A. For purposes of this
Agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
12-17
Neighborhood lOB; SSIA
July 2005
C. The City has adopted Resolution 16834 ("Resolution") pursuant to which it has
approved the Salt Creek Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution.
D. Developer has applied for and the City has approved an Amending Tentative
Subdivision Map commonly referred to as Chula Vista Tract No. 92-02A, Rolling
Hills Ranch Subarea III Neighborhoods 9-12, ("Tentative Subdivision Map") for the
subdivision of the Property.
E. The City has adopted Resolution 2003-199 ("Amending Resolution") pursuant to
which it has approved the Amending Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
F. City is willing, on the premises, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this "8" map
Agreement.
G. The Project has been reviewed for consistency with the following environmental
documents: FEIR-89-03; FSEIR-91-03 (hereinafter referred to as the Project EIRs).
The Project will be developed in accordance with these EIRs and all mitigation
measures set forth in the respective Mitigation Monitoring and Reporting Programs
(MMRPs).
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties
as to any or all of the Property as described in Exhibit "A" until released by the
mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("burden") is for the benefit of the Property and the City, its
successors and assigns and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public or private, in whose
favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this agreement and the covenants
may be entitled.
122-18
.
Neighborhood lOB; SSIA
July 2005
a. Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project to a Guest Builder, Developer may request to be
released from Developer's obligations under this Agreement, that are expressly
assumed by the Guest Builder, provided Developer obtains the prior written consent
of the City Manager or his designee to such release. Such assignment to the Guest
Builder shall, however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The City shall not withhold
its consent to any such request for a release so long as the assignee acknowledges
that the burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the satisfaction of the City, its
ability to perform its obligations under this Agreement as it relates to the portion of the
Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the burden of this
Agreement as to such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and such partial
release will not, in the sole discretion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
c. Release of Individual Lots. Upon the occurrence of any of the following
events, the Developer shall, upon receipt of the prior written consent of the City
Manage.r (or Manager's designee), have the right to release any lot(s) from
Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a
residential lot to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
III. The conveyance of a school site as identified in the SPA
Plan to a school district;
The City may withhold its consent to such release if the City finds that such
release will jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager
(or Manager's designee) shall execute an instrument drafted by Developer in a
recordable form acceptable to the City Manager (or Manager's designee), which
confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow
on any lot or parcel encumbered by this Agreement, such lot or parcel shall be
automatically released from the encumbrance hereof.
2. Condition No.2 of Resolution 16834 (Public Facilities Financing Plan). In
satisfaction of Condition NO.2 of Resolution 16834, the Developer agrees to install public
facilities in accordance with the Public Facilities Financing Plan as amended by Resolution
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Neighborhood lOB; SSIA
July 2005
2000-190 on June 13, 2000 or as required by the City Engineer to meet threshold
standards adopted by the City. In addition, the sequence that improvements are
constructed shall correspond to any future East Chula Vista Transportation Phasing Plan
as may be .amended in accordance with the financing study adopted by the City. The
Developer further acknowledges that the City Engineer and the Planning Director may, at
their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision.
3. Condition No.3 of Resolution 16834 (General Preliminary). In satisfaction of
Condition NO.3 of Resolution 16834, the Developer agrees that mitigation measures
required before Final Map approval by Final Supplemental Environmental Impact Report
for Salt Creek Ranch (FSEIR) 91-03 are hereby incorporated into this agreement by
reference. Any such measures not satisfied by a specific condition of this agreement or by
the project design shall be implemented to the satisfaction of the Director of Planning.
Mitigation measures shall be monitored via the Mitigation Monitoring Program approved in
conjunction with the FSEIR. Modification of the sequence of mitigation shall be at the
discretion of the Director of Planning should changes in circumstances warrant such
revision.
4. Condition No.4 of Resolution 16834 (General Preliminary). In satisfaction of
Condition No.4 of Resolution 16834, unless otherwise conditioned, the Developer shall
comply with, remain in compliance with, and implement, the terms, conditions and
provisions of 1) the Salt Creek Ranch General Development Plan (GDP) approved by City
Council Resolution 15875 on September 25, 1990 and amended by City Council
Resolution 2003-198 on May 13, 2003; 2) Salt Creek Ranch Sectional Planning Area
(SPA) Plan approved by the City Council Resolution No. 16555 on March 24, 1992 and
amended by City Council Resolution 2003-386 on August 26, 2003; 3) the Rolling Hills
Ranch Planned Community District Regulations and Land Use Map approved by City
Council Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2932 on
September 16, 2003; 4) Public Facilities Financing Plan approved by City Council
Resolution 16555 on March 24,1992 and amended by Resolution 2000-190 on June 13,
2000; 5) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02
previously approved by City Council Resolution Number 16834 on October 6, 1992 and
amended by City Council Resolution 2003-199 on May 13, 2003; 6) Agreement for
Monitoring of Building Permits approved by City Council Resolution 2003-166 on April 15,
2003; 7) the Master Plan of Reclaimed Water; 8) Urban Runoff Report; 9) Habitat
Enhancement Plan; 10) Master Plan of Sewage; 11) Water Conservation Plan; and 12) the
Air Quality Improvement Plan Design Guidelines as are applicable to the property which is
the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have
entered into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures as the City
may require, assuring that, after approval of the Final Map, the Developer shall continue to
comply with, remain in compliance with, and implement such Plans. Developer hereby
agrees to waive any claim that the adoption of a final Water Conservation Plan or Air
Quality Improvement Plan constitutes an improper subsequent imposjtion of the condition.
H2-20
Neighborhood lOB; SSIA
July 2005
5. Condition No. 5 of Resolution 16834 (Streets, Rights-of-Way and
Improvements). In satisfaction of Condition NO.5 of Resolution 16834, the Developer
shall provide security in accordance with Chapter 18.16 of the Municipal Code, dedicate
and construct full street improvements for all public and portions of private streets shown
on the Tentative Map within the subdivision boundary or off-site, as required for each unit
or phase. Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer reclaimed water and water
utilities, drainage facilities, street lights, signs, fire hydrants and transitions to existing
improvements. All streets shall conform to the City's Street Design Standards Policy
adopted by City Council Resolution #15349 unless otherwise conditioned or approved by
the City Engineer. Construct transitions to existing improvements in the manner required by
the City Engineer' (Engineering)
6. Condition No. 13 of Resolution 16834 (Streets, Rights-of-Way and
Improvements). In satisfaction of Condition No. 13 of Resolution 16834, the Developer
shall construct a temporary turnaround at the end of any streets which are not constructed
to their full lengths that are greater than 150 feet in length as measured from the nearest
intersection, except as approved by the City Engineer. (Engineering)
7. Condition No. 15 of Resolution 16834 (Streets, Rights-of-Way and
Improvements). In partial satisfaction of Condition No. 15 of Resolution 16834, the
Developer shall provide security (see Exhibit UBU) or install fully activated traffic signals
including interconnect wiring at the following intersections:
a. Proctor Valley Road/Lane Avenue;
b. Proctor Valley Road/Oak Creek Road/Rocking Horse Road;
The developer shall install underground improvements, standards and luminaries with
construction of street improvements, and install mast arms, signal heads and associated
equipment when signal warrants are met, as determined by the City Engineer.
(Engineering)
8. Condition No. 27 of Resolution 16834 (Streets, Rights-of-Way and Improvements).
In satisfaction of Condition No. 27 of Resolution 16834, the Developer shall construct
private streets in accordance with the standards contained in the subdivision manual and
street design standards unless otherwise approved by the City Engineer. Private street
cross sections shall conform to those shown on the tentative map for curb-to-curb width
and right-of-way width. (Engineering)
9. Condition No. 35 of Resolution 16834 (Grading and Drainage). In satisfaction of
Condition No. 35 of Resolution 16834, the Developer shall submit a list of proposed lots
indicating whether the structure will be located on fill, cut, or in a transition between the two
situations prior to approval of each Final Map for single family residential use.
(Engineering)
10. Condition No. 55 of Resolution 2003-199 (Threshold and Withholding of
Building Permits). In satisfaction of Condition No. 55 of Resolution 2003-199 Developer
agrees to the following
1;Z-21
Neighborhood 10B; SSJA
July 2005
a. Thatthe City may withhold building permits for the subject subdivision if any
one of the following occur:
i. Regional development threshold limit set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have
been reached or in order to have the Project comply with the
Growth Management Program, as may be amended from time to
time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance
and Growth Management Program and any amendments thereto.
Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
Hi. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have been completed or
constructed to the satisfaction of the City. The Developer may
propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of
Planning and building and the Public Works Director. Developer
agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing
Plan (PFFP) for the Project if the required public facilities, as
identified in the PFFP have not been completed.
b. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
11. Condition No. 58 of Resolution 16834 (Indemnification). In satisfaction of
Condition No. 58 of Resolution 16834, the Developer agrees to defend, indemnify, and
hold harmless the City and its agents and employees, from and against any claims for
damages or other relief related to alleged erosion, action, or proceeding against the City, or
its agents, officers, or employees to attack, set aside, void, or annul any approval by the
City, including approval by its Planning Commission, City Council or any approval by its
agents, officers, or employees with regard to this subdivision provided the City promptly
notifies the subdivider of any claim, action, or proceeding and on the further condition that
the City fully cooperates in the defense. The obligations contained in this condition 58 shall
survive despite the fact that the developer may be released from the obligations of this
Agreement pursuant to section 1 above.
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Neighborhood lOB; SSIA
July 2005
12. Condition No. 59 of Resolution 16834 (Erosion). In satisfaction of Condition No.
59 of Resolution 16834, the developer agrees to defend, indemnify and hold harmless, the
City, and its agents and employees, from and against any claims for damages or other
relief related to alleged erosion, siltation or increased flow of drainage resulting from this
Project. The obligations contained in this condition 59 shall survive despite the fact that the
developer may be released from the obligations of this Agreement pursuant to section 1
above.
13. Condition No. 66 of Resolution 16834 (Cable Television Companies). In
satisfaction of Condition No. 66, the developer shall permit all cable television companies
franchised by the City of Chula Vista equal opportunity to place conduit and provide cable
television service for each lot or unit within the final map area. Developer further agrees to
grant, by license or easement, and for the benefit of, and to be enforceable by, the City of
Chula Vista, conditional access to cable television conduit within the properties situated
within the final map only to those cable television companies franchised by the City of
Chula Vista, the condition of such grant being that: (a) such access is coordinated with
Developer's construction schedule so that it does not delay or impede Developer's
construction schedule and does not require the trenches to be reopened to accommodate
that placement of such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with the terms and conditions of
the franchise and with all other rules, regulations, ordinances and procedures regulating
and affecting the operation of cable television companies as same may have been, or may
from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the
City of Chula Vista the authority to enforce said covenant by such remedies as the City
determines appropriate, including revocation of said grant upon determination by the City
of Chula Vista that they have violated the conditions of grant. (Engineering, Planning &
Building)
14. Condition No. 88 of Resolution 2003-199 (Brush Management). In partial
satisfaction of Condition No. 88 of Resolution 2003-199, the Developer agrees to provide,
prior to issuance of the first building permit in Neighborhood 1 DB, the initial cycle of fire
management/brush clearance within designated brush management HOA lots for the
Property subject to the approval of the Fire Marshal and the Landscape Architecture
Division and Environmental Review Coordinator.
15. Condition No. 89 of Resolution 16834 (Fire Hydrants). In satisfaction of Condition
No. 89 of Resolution 16834, the Developer agrees to install fire hydrants every 500 ft. for
single family residential, to install and make operable the hydrants prior to delivery of
combustible building materials, and to comply with Chula Vista Fire Department Policy No.
2916.00, as amended from time to time, to the satisfaction of the City Fire Marshal.
16. Condition No. 91 of Resolution 16834 (Open Space Easements). In satisfaction
of Condition No. 91 of Resolution 16834, the Developer shall dedicate to the City open
space easements (OS E) over all downhill side and rear slopes adjacent to MSCP Preserve
lots in Subarea 111. These open space lots shall preclude the construction of any structures
within said easements and shall limit activities within the easements to landscape
maintenance of fuel modification plant materials. The form and content of the OSE's shall
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Neighborhood lOB; 55!A
July 2005
be subject to the approval of the Director of Planning and Building, and the City Attorney.
(Planning & Building, C.A.)
17. Condition No. 92 of Resolution 2003-199 (Fuel Modification Zone Plantings). In
partial satisfaction of Condition No. 92 of Resolution 2003-199, the Developer agrees that
any new plantings within the Fuel Modification Zone shall be non-invasive and subject to
the approval of the Environmental Review Coordinator and Landscape Architecture
Division.
18. Condition No. 110 of Resolution 16834 (Schools). In satisfaction of Condition No.
110 of Resolution 16834, the Developer shall Reserve lots S-1 and S-2 (school sites) for
school purposes to be offered for dedication in fee to the Chula Vista City Elementary
School District in accordance with a schedule as indicated in a Mello-Roos Community
Facilities District, as approved by the School District, which shall be established to the
satisfaction of the District. (Planning)
19. Condition No. 111 of Resolution 16834 (Schools). In satisfaction of Condition No.
111 of Resolution 16834, the Developer shall establish and participate in a school facility
financing plan as well as providing classroom space as required by the Sweetwater Union
High School District prior to the first building permit for the project. (Planning)
20. Condition No. 120 of Resolution 16834 (Bench Marks). In partial satisfaction of
Condition No. 120 of Resolution 16834, the Developer agrees to provide permanent City
bench marks tied to the City System at the fOllowing locations:
1. Mt. Miguel Road/Mackenzie Creek Road
2. East "H" Street/Both Subdivision Boundaries
3. East "H" Street/Hunte Parkway
4. Otay Lakes Road/Rutgers
21. Condition No. 121 of Resolution 16834 (Code Requirements). In satisfaction of
Condition No. 121 of Resolution 16834, the Developer shall comply with all applicable
sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision Map Act and the City of Chufa
Vista Subdivision Ordinance and Subdivision Manual. (Engineering, Planning)
22. Condition No.122 of Resolution 16834 (Underground Utilities). In satisfaction of
Condition No. 122 of Resolution 16834, the Developer agrees to underground all utilities
within the subdivision in accordance with Municipal Code requirements.
23. Condition No. 123 of Resolution 16834 (Fire Sprinklers). In satisfaction of
Condition No. 123 of Resolution 16834, the Developer agrees to provide lots with
residential fire sprinkler systems due to access requirements as determined by the Fire
Marshal.
24. Condition No. 124 of Resolution 16834 (Planned Community District
Regulations). In satisfaction of Condition No. 124 of Resolution 16834, the Developer
agrees that all proposed development shall be consistent with the Salt Creek Ranch SPA
1~-24
Neighborhood lOB; SSIA
July 2005
Planned Community District Regulations, subject to the approval of the Director of
Planning.
25. Condition No. 125 of Resolution 16834 (Title 24). In satisfaction of Condition No.
125 of Resolution 16834, the Developer shall comply with Title 24 and any other energy
conservation ordinances and policies in effect at the time construction occurs on the
property in conformance with this Tentative Map. (Building and Housing, Planning)
26. Condition No. 126 of Resolution 16834 (Clean Water Act). In satisfaction of
Condition No. 126 of Resolution 16834, the Developer shall comply with all relevant
Federal, State and local regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to demonstrate said
compliance as required by the City Engineer. (Engineering)
27. Condition No. 127 of Resolution 16834 (Community Purpose Facility). In
satisfaction of Condition No. 127 of Resolution 16834, the Developer shall comply with the
Community Purpose Facility Ordinance, Chula Vista Municipal Code section 19.48.025.
The developer shall provide areas proposed to show compliance with said ordinance and
obtain approval of said areas from the Director of Planning. (Planning)
28. Condition No. 128 of Resolution 16834 (Fees). In satisfaction of Condition No. 128
of Resolution 16834, the Developer agrees to pay all applicable fees in accordance with
the City Code and Council Policy, including, but not limited to, the following:
Prior to issuance of the first building permit:
1. The Transportation and Public Facilities Development Impact Fees.
2. Signal Participation Fees.
3. All applicable sewer fees, including but not limited to sewer connection fees.
4. Salt Creek Sewer Basin Fee.
5. Sewer Pump Station DIF.
29. Condition No. 133 of Resolution 2003-199 (Violations). In satisfaction of Condition
No. 133 of Resolution 2003-199, the Developer agrees that the approval ofthis map by the
City of Chula Vista does not authorize the Developer to violate Federal, State or City laws,
ordinances, regulations or policies, including, but not limited to the Federal Endangered
Species Act of 1973 and any amendments thereto.
30. Condition No. 137 of Resolution 2003-199 (Violations). In partial satisfaction of
Condition No. 137 of Resolution 2003-199, the Developer agrees to cause street sweeping
to commence immediately after the final residence in each phase is occupied and shall
continue sweeping until such time that the City has accepted the street or 60 days after the
completion of all punch list items, whichever occurs earlier. The developer further agrees
to provide the Assistant Director of Public Works (ADPWO) with a copy of the memo
requesting street sweeping service, which memo shall include a map of areas to be swept
and the date the sweeping will begin.
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Neighborhood lOB; SSIA
July 2005
31. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of
Conditions 2-5, 15, 13,27, 35, 58-59, 66, 89, 91, 110-111, 121-128, 135-136 of Resolution
16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and 55, 88, 92, 133, 137 of
Resolution 2003-199 for Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III.
32. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek
Ranch, Chula Vista Tract No. 92-02 Tentative Map (adopted by Resolution 16834) and the
Amending Tentative Map for Rolling Hills Ranch, Chula Vista Tract No. 92-02A (adopted by
Resolution 2003-199) and shall remain in compliance with and implement the terms,
conditions and provisions of the Resolutions.
33. Previous Agreements. The Developer acknowledges that nothing in this Agreement
shall supersede, nullify or otherwise negatively impact the terms of previous agreements as
they apply to the Project including the Agreement for Monitoring of Building Permits as
approved by Resolution 2003-166; the Desiltation Agreement approved by Resolution
2003-0450; the Sewer Pump Station Agreement approved by Resolution 2004-0069 and
the A-Map SSIA approved by Resolution 2004-0068;
34. Recording. This Agreement, or an abstract hereof prepared by either or both parties,
may be recorded by either party.
35. Assignability. Upon request of the Developer, any or all on-site duties and
obligations set forth herein may be assigned to subdivider's successor in interest if the City
Manager in his/her sole discretion determines in writing that such an assignment will not
adversely affect the City's interest. The City Manager in his/her sole discretion may, if such
assignment is requested, permit a substitution of securities by the successor in interest in
place and stead of the original securities described herein, so long as such substituted
securities meet the criteria for security as set forth elsewhere in this Agreement. Such
assignment will be in a form approved by the City Attorney.
36. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the
Developer of notice of such determination and allow the Developerwith reasonable time to
cure said breach.
37. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in
111l-26
.
Neighborhood lOB; SSIA
July 2005
this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
Developer:
McMillin Rolling Hills Ranch, LLC
2750 Womble Road
P.O. Box 85104 (Mailing Address)
San Diego, CA 92186-5104
Attn: Rodney Lubojasky
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted
this Agreement. It shall be conclusively presumed that both parties
participated equally in the preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced
herein are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will be entitled to a jUdgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief
sought.
(NEXT PAGE IS SIGNATURE PAGE)
1lZ-27
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 10B
CHULA VISTA TRACT NO. 92-02A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
12
12-28
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIViSION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 108
CHULA VISTA TRACT NO. 92-02A
DEVELOPERS/OWNERS:
McMillin Rolling Hills Ranch, LLC
A Delaware Limited Liability Company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: :;n~n~~~
J -
Its: '
By:
Its:
(Attach Notary Acknowledgment)
13
12-29
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 8/8/05 , before me, Ann M. Futo. Notary Public personally appeared Joe
W. Shiellv and Tom Tomlinson ,personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
&7rtJdo
Signature
~_.. ANN M. Furo
~ '" ' Comm~sion # 1546838
!.. . Notary Public. Can,omIa f_
- . Son Diego Counly
MyComm, Expires Jan 23, 2
This area for official notarial seal
Title of Document Supplemental Subdivision Improvement Aoreement Rollino Hills Subarea III.
Neioh. 108
Date of Document
Other signatures not acknowledged
No. of Pages
12-30
List of Exhibits
Exhibit "A" - Legal Description of McMillin Rolling Hills Ranch Subarea III Neigh. 108
14
FINAL
(C:\Documcnts and Settings~craig\Local Settings\Temporary Internet Files\OLKI\SSlA RHR NIOB Map - FINAL.doc)
12-31
EXHIBIT "An
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 57 OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH,
SUBAREA III, NEIGHBORHOOD 1 DB MAP, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON AS INSTRUMENT NO.
15
FINAL
(C:\Documents and Scttings\jcraig\Local Scttings\Temporary Internet Files\OLKl\SSlA RHR NIOB Map ~ FINAL-doc)
12-32
EXHIBIT "B"
TRAFFIC SIGNAL BONDS
Proctor Valley Road
& Rocking Horse Dr.
$96,250.00 Faithful Performance
$96,250.00 Material & Labor
2169627
Chula Vista
Drawing Nos.
05060
Chula Vista
Drawing Nos.
05064
Proctor Valley Road
& Lane Avenue
$96,250.00 Faithful Performance
$96,250.00 Material & Labor
2169628
16
FINAL
(J:\Engineer\LANDDEV\ProjectslRolling Hills RanchINeighborhood lOB\SSIA RHR N10B Map - FINAL.doc)
12-33
11-.""1.....
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~I
Ann Moore
City Attorney
fAU
Dated: '7/7/:) S-
Supplemental Subdivision Improvement Agreement between the
City ofChula Vista and McMillin Rolling Hills Ranch, LLC for
Rolling Hills Ranch, Subarea III, Neighborhood lOB for the
Completion of Improvements
12-34
EXH~BIT C
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
. .
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH, SUBAREA Ill, NEIGHBORHOOD lOB
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this _ day of ,200---, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and McMILLIN ROLLING HILLS RANCH, LLC,
a Delaware limited liability company ("McMillin RHR").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property is part of a planned residential development project co=only known
as "Rolling Hills Ranch II" (and also referred to as "Rolling Hills Ranch Subarea ill"), Chula Vista
Tract N o. 92-02A. Forpurposes of this Agreement, the term "Project" shall refer to the overall Rolling
Hills Ranch II planned development project, including, but not limited to the "Property."
B. McMillin RHR is the Declarant under that certain Master Declaration of Restrictions
For Rolling Hills Ranch II filed or to be filed forrecord in the Official Records of San Diego County,
California (the "Master Declaration"). The Master Declaration provides for Rolling Hills Ranch II
Master Association, a Californianonprofit mutual benefit corporation ("MHOA") to maintain certain
areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a
particularproject(s) within Rolling Hills Ranch II, the purposes of which would include the maintenance
of certain amenities within the Project over which the SHOA has jurisdiction.
&llill.g HilLJ Ranch 1I
Neighborhood lOB Grant ofEuements, etc.
Grant.Easmts.Maint.Agr.l0B.2jun05.wpd
1
12-35
6/2105
C. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement.
D., In order for McMillin RHR to obtain the Final Maps and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and McMillin '
RHR entered into a Supplemental Subdivision Improvement Agreement pursuantto the City Resolution,
in which McMillin RHR agreed that maintenance of such areas shall be accomplished by the creation
of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those
particular areas which were dedicated to the public on one or more of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to McMillin RHR easements for landscape maintenance
purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in
order to facilitate the obligations of McMillin RHR as set forth in Supplemental Subdivision
Improvement Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
I, Grant of Easements. The City hereby grants to McMillin RHR and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOAMaintained Public
Areas forthe purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(1) below.
2. Maintenance Obli!!:ations
(a) McMillin RHR to Initially Maintain. McMillin RHR hereby covenants and
agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained,
repaired or replaced, those improvements within the MHOA Maintained Public Areas which
are described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at bis/her
discretion and equivalent to City or Co=unity Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the t= "Maintenance" or "Maintain" shall mean
the maintenance, repair, and replacement obligations described herein and on Exhibit "C"
hereto and shall also include repair and replacement at no cost to the City of any City owned
property that is damaged during performance of the maintenance responsibilities pursuant
to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City,
(b) Transfer to MHOA. Upon McMillin RHR's transfer of maintenance obligations
to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Paragraph 3 below have been
Ralling Hil13 Ranch II
Neighborhood lOB Grant orEascmenU, etc.
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satisfied, McMillin RHR shall be released from such obligation. Transfer of maintenance
obligations to the MHOA may be phased (that is, there may be multiple transfers).
McMillinRHRrepresents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Declaration, and that such document(s) include the p.ovisions described
in Paragraph 3( a)(ii) below, or alternatively eii) to a new homeowners association (the "New
Association") established for maintenance of the open space atld thoroughfare median areas
in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the ''New Declaration") for the New Association, and that such document(s) shall include
the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration if McMillin RHR elects to form a new homeowners association for the
Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA
shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released from the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, McMillin RHR does
not believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assignment by McMillin RHR and Release of McMillin RHR
(a) Assignment. Upon McMillin RHR's transfer of the Maintenance obligations
to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release McMillin RHR from its
obligations only if all of the following occur:
(i) MHOAAccepts Obligation. The MHOAhas unconditionally accepted
and assumed all ofMcMillinRHR's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of McMillin RHR
under this Agreement. The assignment shall also have been approved by the appropriate
governing body of the MHOA by resolution or similar procedural method and approved
as to form and content by the City Attorney. The City shall not unreasonably withhold
its consent to such assignment.
(ii) MHOA's Declaration. The City has confirmed that there have been no
modifications to the recorded Declaration previously approved by City, to any of the
following provisions: the MHOA shall be responsible for the maintenance of the MHOA
Rolling Hills Ranch II
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Maintained Public Areas, the MHOA shall indemnify City for all claims, demands,
causes of action, liability or loss related to or arising from the maintenance activities,
and the MHOA shall not seek to be released by City from the maintenance obligations
of this Agreement, without the prior consent of City and one hundred percent (100%)
of the holders of first mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all of McMillin RHR's landscape maintenance bonds, a policy of public liability
insurance which at least meets the requirements of Section 5.1 (a) of the Master
Declaration which reads as follows:
(a) General Liability Insurance. The Master Association
shall obtain a comprehensive general liability and
property damage insurance policy insuring the Master
Association and the Owners against liability incident
to ownership or use of the Master Association Property.
The limits of such insurance shall not be less than
$3 Million covering all claims for death, personal injury
and property damage arising out of a single occurrence.
The insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional
provisions provided they are available on a
commercially reasonable basis:
(i) The City of Chula Vista shall be named as an
additionally insured party to such insurance pursuant
to the City's requirements the Master Association do
so;
(ii) The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(Hi) The policy shall contain the following severability
clause (or language which is substantially the same):
"The coverage shall apply separately to each insured
except with respect to the limits ofliability."
This Section 5.1(a) may not be amended without the written consent
of the City Planning Director or City Attorney.
RolIiJrg Hills Ranch II
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The MHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled,
McMillin RHR shall be released rrom its obligations under this Agreement, including its security
and insurance requirements. McMillin RHR acknowledges that it has a contractual obligation
to perform the terms and conditions of this Agreement until and unless released by the City
rrom this Agreement. At least sixty (60) days prior to such transfer, McMillin RHR shall give
a notice to the City of McMillin RHR's intent to transfer its Maintenance obligations herein
and provide the City with the appropriate documents listed in Paragraph 3(a).
4. Assi!!nment bv MHOA and Release ofMHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA rrom its
obligations only if all of the following occur:
(i) Transferee Accepts Obligation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA by resolution or similar
procedural method and approved as to form and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration ofRestrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confirm that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4( a) are fulfilled, the
MHOA shall be released rrom its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice
to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
Rolling HilLs Ranch II
Neighborhood lOB Grant ofEa.sements. etc.
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5. McMillin RHR's Insurance. Until such time as the MHOA has obtained the general
liability insurance required by Section 5.1 (a) of the Declaration, McMillin RHR agrees to procure
and formally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial conformance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
General Liability Insurance. McMillin RHR shall obtain a comprehensive general liability
and property damage insurance policy insuring McMillin RHR against liability incident to ownership
or use of the Property. The limits of such insurance shall not be less than $3 Million covering all
claims for death, personal injury and property damage arising out ob single occurrence. The insurer
issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences
and as admitted by Best's Insurance Guide. Such insurance shall include the following additional
provisions provided they are available on a commercially reasonable basis:
(i) The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements McMillin RHR do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
McMillin RHR shall provide the City with a Certificate of Insurance upon procurement of the policy
as set forth above.
6. Indemnitv. McMillin RHR shall defend, indemnify and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to persons or property,
costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss
of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or
el1tity because of or arising out of or in connection with the use, maintenance, orrepair of the MHOA
Maintained Public Areas. McMillin RHR shall not have any liability under this section by reason
ofthe Transferee's failure to maintain.
7. Indemnitv If Transferee. The document whereby McMillin RHR transfers a
Maintenance obligation to a Transferee shall be signed by both McMillin RHR and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indemnification provision:
Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
Rolling HilLr Ranch II
Neighbomood lOB Grant ofEasemcnu, etc.
Grant.Easml:3.Maint.Agr.IOB.:2jun05.wpd
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persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which
result from the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon McMillin RHR and any successive Declarant under the Declaration. This Agreement shall be
binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Governin!!: Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
II. Effective Date. The tenns and conditions ofthis Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the SanDiego County Recorder's Office.
12. CounterDarts. This Agreement maybe executed in any number of counterparts, each
of which shall be original and all of which shail constitute one and the same document.
13. Recordin!!:. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14. MIscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
Rolling Hills Ran.ch II
Neighborhood lOB Grant of Easements, etc.
Grant.Easmts.Maint.Agr.IOB.2junOS.wpd
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personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address forthe purpose of this Paragraph by giving
written notice of such change to the other party.
If To City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To McMillin RHR:
McMILLIN ROLLING HILLS RANCH, LLC
2727 Hoover Avenue
National City, California 91950
Attn:ProjectManager
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, McMillin RHR, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
Rolling Hills Ranch II
Neighborhood lOB Grant of Easements, etc.
Grant.Easmts.Maint.Agr.lOB.2jun05.wpd
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(g) Modification. This Agreement may not be modified, terminated orrescinded,
in whole orin part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
Rollillg Hills Ranch II
Neighborhood lOB Grant of Ease menU, etc.
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McMILLIN ROLLING HILLS RANCH, LLC, a
Delaware limited liability company
By: McMillin Management Services, L.P.
a California limited partnership, Manager
By: Corky McMillin Construction Services, Inc. ,
a California corporation, General Partner
BY~~
Title 1/.,<.- P<'1L-S'IO~
~it~'J22:;~.~ ~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~~+\O ,200~,beforeme, At\'(\ ffi. ~to
Notary Public in d for said State, personally appeared\Om T0W\.\'i){S OY\ o.x-d
1)0 X\r\ '1 (!. u. @.C. ~(" to,S -e.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s)4slare subscribed to the within instrument and acknowledged to me that ~/they
executed the same in hieA!er/their authorized capacity(ies), and that by ms 1.H1I~/their signature( s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official sea!.
Signature ~ H) , L to
~~-<t-----~---~
. ANN M. fUTO
_ Commission # 15461138
~.. Notary Public - CaIIIamIcI ~
i San DIego county d
_ _ _ ~:~:..~_Ja:2:
(Seal)
Rolling Hills Ranch 11
Neighborhood lOB Grant of Easements, etc.
Gnmt.Easmts.Maint.Agr.lOB.Zjun05.wpd '
10
12-44
612105
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ,200_, before me,
Notary Public in and for said State, personally appeared
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seaL
Signature
(Seal)
Rolling Hills Ranch II
Neighborhood lOB Grant of Easements, etc.
Grant.Easmts.Maint.Agr.l0B.2junOS.wpd
11
12-45
6/2/05
.
EXHIBIT "A"
Legal Description
Lots _ through -' inclusive, of Chula Vista Tract No. 92-02A
Rolling Hills Ranch Subarea ill Neighborhood lOB, in the CityofChula
Vista, County of San Diego, State of California, according to Map
thereofN o. , filed in the Office of the County Recorder
of San Diego County, , 200_.
.
.
Rolling Hills Ranch II
Neighborhood lOB Grant of Ease menu, etc.
Grant.Easmts.MainLAgr.lOB.2jun05.wpd
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.
612/05
EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
Rolling Hills Ranch II
Neighborhood lOB Grant of Easements, etc.
Grant.Easmts.Maint.Agr.lOB.2junOS.wpd
612/05
12-47
EXIllBIT "C"
Maintenance ResDonsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the parkways Maintenance of curb, gutter,
portions of those public road including irrigation, trimming sidewalks and pavement.
shown on Exbibit "B." and pruning of trees, and
maintenance and irrigation of
turf areas.
Rolling Hill.% Rcutch II
Neighborhood lOB GrantofEaacments, etc.
Grant.Easmts.Maint.Agr.lOB.2junOS.wpd
6f2.10S
12-48
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II
aAIHG VJ..SIA vn~v
RESOLUTION NO. 2005-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHULA VISTA TRACT
NO.n-02A, ROLLING HILLS RANCH, SUBAREA III,
NEIGHBORHOOD lOB FINAL MAP; ACCEPTING ON
BEHALF OF THE CITY THE VARIOUS PUBLIC
EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION;
APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
WHEREAS, McMillin Rolling Hills Ranch, LLC, ("the developer") has submitted a final
map for Rolling Hills Ranch, Subarea III, Neighborhood 1 DB; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolutions No. 16834 and No. 2003-
199.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that the certain map survey entitled Chula Vista Tract n-02A, Rolling Hills
Ranch, Subarea III, Neighborhood lOB, is made in the manner and form prescribed by law and
conforms to the surrounding surveys; and that the map and subdivision of land shown thereon is
hereby approved and accepted. The Map is more particularly described as follows:
Lot "7" of Chula Vista Tract No.92-02A, Rolling Hills Ranch Subarea III "A"
Map in the City of Chula Vista, County of San Diego, State of California,
according to Map thereof No. 14756 filed in the office of the County Recorder of
San Diego County on March 24, 2004.
Area: 16.683 Acres
Numbered Lots: 16
Open Space Lots: 0.00 Acres
No. of Lots: 16
Lettered Lots: 0
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
public the following public street: Via Maggiore, and this street is hereby declared to be a public
street and dedicated to the public use all as shown on the map within the subdivision.
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
City of Chula Vista the various easements, all as granted on said map within this subdivision,
subject to the conditions set forth thereon.
12-50
Resolution 2005-XXX
Page 2
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the City Council; that the City
Council has approved the subdivision map, and that the public street is accepted on behalf of the
public as therefore stated and that those certain easements, as granted thereon and shown on said
map within the subdivision, are accepted on behalf of the City of Chula Vista as herein above
stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in the subdivision, a copy of which shall be kept on file in the
office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreements on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that an existing general utility and access easement be
abandoned per section 66499.20-\1, of the Subdivision Map Act
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
~, fY /Ild.
/ Moore
City Attorney
~
12-51
RESOLUTION NO. 2005-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT BETWEEN
MCMILLIN ROLLING HILLS RANCH, LLC, AND THE CITY
OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC
RIGHT-OF-WAY WITHIN ROLLING HILLS RANCH
SUBAREA III, NEIGHBORHOOD lOB, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, McMillin Rolling Hills Ranch, LLC, ("the developer") has submitted a final
map for Rolling Hills Ranch, Subarea III, Neighborhood lOB, Chula Vista Tract No. 92-02A;
and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement in which it has agreed to maintain certain areas of the public right-of-way through the
creation of a homeowner's association ("HOA"); and
WHEREAS, the Grant of Easements, License, and Maintenance Agreement sets forth the
obligations of the developer, the Master HOA, and subsequent Transferees in maintaining the
public right-of-way;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Grant of Easements, License and Maintenance Agreement,
between McMillin Rolling Hills Ranch LLC and the City of Chula Vista for the maintenance of
public right-of-way within Rolling Hills Ranch Subarea III Neighborhood lOB, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
:Zl~ .p/JiJZ
Moore
City Attorney
12-52
Resolution 2005-XXX
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September 2005, by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-XXX was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September 2005.
Executed this 13t11 day of September 2005.
Susan Bigelow, City Clerk
(H:\ENGINEERIRESOSlResos2005\09-13-05IReso RHR NIOB FM.doc: 09/07/2005)
12-53
COUNCIL AGENDA STATEMENT
Item
Meeting Date 09/13/05
J3
SUBMITTED BY:
Resolution rejecting the irrevocable offer of dedication
for open space Lot "E" of Chula Vista Tract No. 00-02, Eastlake
Business Center II, Phase 2, Map No. 14395
City Engineer ff-f2.-r S,pt. ~
Director OfPlanniilr and BuildinQ. f
City Manager 11 ~ rA
ITEM TITLE
REVIEWED BY:
(4/5thS Vote: Yes _ No...KJ
The proposed site plan for the home improvement design center within the Eastlake
Business Center (881 Showroom Place) requires the modification of the property
boundary with the adjacent open space lot at the northeast corner of Fenton Street and
Otay Lakes Road (see Exhibit "A"). The open space lot is owned by The Eastlake
Company and will be maintained by the Eastlake Business Center Owner's Association,
both of whom agreed to the modification. The City has an irrevocable offer for fee title
in the open space lot. Tonight's action would reject the City's interest in the lot so that a
new irrevocable offer of fee interest could be given to the City along the new parcel
configuration.
RECOMMENDATION: That Council adopts the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On April 19, 2004, the Design Review Committee (DRC) approved the Eastlake Design
District Project (see Exhibit "B" for minutes). On June 21, 2005, Eastlake Design
District, LLC, owners of properties located at 851, 871 and 881 Showroom Place
submitted a Parcel Map to subdivide the recently consolidated lot for the Eastlake Design
Center. The proposed Parcel Map also shifts the boundary of the adjacent Open Space
Lot "E" of Map 14395, to reflect the new site plan, which lowered the site and
subsequently shifted the top of slope location into the Open Space Lot "E". This
modification of the property boundary will result in a new open space lot of 1.54 acres, a
net loss of 0.55 acres from the original Open Space Lot "E" of Map No. 14395 (see
Exhibit "C"). The property boundary relocation is necessary to place the property line at
the top of slope as required by the Chula Vista Subdivision Manual and eliminate
13-1
Page 2, Item
Meeting Date
!J
09/13/05
potential cross-lot drainage issues in the future. Staff has reviewed the proposed Parcel
Map and has found that it conforms to the SPA requirements for the Eastlake Business
Center.
The newly reconfigured open space lot is irrevocably offered to the City on the proposed
Parcel Map for the project.
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
proposed project was adequately covered in the previously approved Mitigated Negative
Declaration for the Eastlake II General Development Plan (GDP) and Eastlake I Sectional
Planning Area (SPA) Plan Amendments (IS-00-03) and associated Mitigation Monitoring
and Reporting Program. Thus, no further environmental review or documentation is
necessary.
FISCAL IMP ACT: The costs related to the processing of the rejection of the IOD, the
approval and recordation of the proposed Parcel Map, and any other related costs are
being paid for by a deposit of monies by the applicant under the City's Full Cost
Recovery System. No net impact to the General Fund.
Attachments:
.
Exhibit "A": Site Map - Lot "E" of Chula Vista Tract No. 00-02, Eastlake Business
Center II, Phase 2.
Exhibit "B": Minutes of a Regular Meeting of the Design Review Committee for April
19,2004.
Exhibit "C": Proposed Open Space - Eastlake Design District Phase I.
File: EP-323
J:\Engineer\AGENDA\CAS2005\09-13~05\Summary Vacation of Lot E at Eastlake Design District.doc
13-2
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NOT TO SCALE
DATE: 08/12/05 DRAWN BY: SH
13-3
CIlY OF
(HUlA VISTA
AGENDA
DESIGN REVIEW COMMITTEE
Chula Vista, California
EXHIBIT "B'I
April 19, 2004
4:30 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CALL:
Ariaza_Aguilar_ Alberdi_ Drake
Mestler_
APPROVAL OF MINUTES:
April 5, 2004
ORAL COMMUNICATIONS:
PUBLIC HEARING:
1. DRC-04-45
Eastlake Design District
851 Girard Court
Chula Vista. CA
Construction of two multi-tenant industriai buiidinos
consistino of approximately 231,000 square feet.
Project Manager: Jeff Steichen, Associate Planner
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chuta Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may
require special accommodations to access, attend, and/or participate in a City meeting, activITy, or service to request
such accommodation at least forty-eight hours in advance for meetings and flYe days in advance for scheduled serVices
and activities. Please contact Diana Vargas for specific infonnation at (619) 691-5101 or Telecommunications Devices
for the Deaf (TDD) (619) 585-5647. California Relay SeMce is available for the hearing impaired.
ADJOURNMENT:
At p.m. to a regular meeting on Monday, May 3. 2004 at
4:30 p.m. in Council Chambers.
J :\Planning\Rosemarie\DRC\ Agenda4-19-04.doc
13-4
MINUTes OF A REGULAR
MEETING OF THE
DESIGN REVIEW COMMITTEE
CHULA VISTA, CALIFORNIA
Monday. April 19. 2004
4:30 p.rn,
A. PRESENT:
ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
B. INTRODUCTORY REMARKS:
C. APPROVAL OF MINUTES:
D. ORAL COMMUNICATIONS:
E. PUBLIC HEARING:
1. DRC-04-45
Staff Presentation:
Council Chambers
Public Service Buildino 20
276 Fourth Avenue, Chula Vista
Vice Chair Patricia Aguilar. Members Jose Alberdi and
Cynthia Drake
Alfredo Araiza and Cheryl Mestler (excused)
John Schmitz, Principal Planner
Jeff Steichen. Associate Planner
Michael Bennett, Ware Malcomb
Mike Vogt, International Real Estate
steve Hare
Guy Asaro, The Eastlake Co.
Tomas Torres
Read into the record by Vice Chair Aguilar
The minutes of April 5, 2004 were continued to the next
meeting due to a lack of quorum.
None
Eastlake Design District
851 Girard Court
Chula Vista. CA
Construction of two multi-tenant ind ustrial buildinQs
consistinQ of approximatelv 231 ,000 square feet.
Mr. Jeff Steichen, Associate Planner presented the project, which is located at the
northeast comer of Otay Lakes Road and Fenton Avenue/Girard Place in the Eastlake
Business Center. The proposal is for construction of two multi-tenant buildings containing
suites totaling 231,000 square feet suitable for home improvement design services. Mr.
Steichen noted that the DRC had reviewed this project as a preliminary review on March
15,2004. Comments from the committee included: adding architectural detail and varying
the height along the rear (east) elevation of Building "A"; use of clear glazing or low "E"
giaze with green tint for storefront windows; and requiring enhanced landscaping on edges
of slope, especially facing Otay Lakes Road. Staff indicated that the applicant has
addressed these issues and incorporated them into their latest plan submittal.
13-5
Design Review Committee
Minutes
-2-
April 19. 2004
STAFF RECOMMENDATION:
That the Design Review Committee approves of the project as presented subject to the
conditions noted in the draft Notice of Decision.
Applicant Presentation:
Mr. Michael Bennett, with Ware Malcomb Architects (9605 Scanton Road. Ste. 310, San
Diego, CA 92121) gave a brief presentation of the project. He reviewed the building
elevations and the revisions that occurred in the plan.
Mr. Steven Hare, Landscape Architect (4181 Adams Ave., San Diego, CA 92116)
commented that after the last preliminary review, they met with staff, Garry Williams and
the Eastlake Company to go over the piant material selections. Some modifications have
been made but for the most part they stayed with a number of plant materials previously
stated. Mr. Hare reviewed the landscape plan and explained the different elements that
would be used in the courtyards as well as the overall project.
COMMITTEE DISCUSSION:
The Committee discussed the project and in general felt that the applicant had done an
exceptional job with the architecture of the building. They felt that this project would be a
great asset to the City of Chula Vista. Comments were made regarding the S-ft zoning
wall. the architectural treatment of it, if it were anti-graffiti resistant and whether the solid
wall would mitigate noise from the delivery trucks. Member Alberdi thought that the
additional landscaping along the east wall would help to mitigate with the noise and
separate the industrial feel of the building. He also felt that the pilaster on the zoning wall
should occur more frequently in order to break up the mass of the wall.
Both Members Aguilar and Drake raised concerns with the landscape palette being used
in the courtyards. Vice Chair Aguilar noted that the courtyards were both west facing, and
the palm trees indicated on the landscape plan would not provide relief from the heat
especially during the aftemoon. She suggested that the applicant could use some shade
trees within the courtyards. Member Drake had concerns with the proposed bamboo. She
noted that it was very messy and would leave a lot of debris in the area that it is being
installed. She also had concerns with the water feature. Depending on the depth of the
water, it could pose potential drowning incidents with small children.
Mr. Bennett stated per the Eastlake Business Center II SPA, a S-foot high slump block wall
and pilasters at a minimum of every 200-feet was the requirement. However, it was their
intent to have pilasters at every 1 DO-feet, and every time the wall jogs away from property
line or back to the property line there would be an additional pilaster.
Mr. Alberdi remarked that having pilasters at even 1 DO-feet were still not enough to make
a difference. In his opinion. the distance between pilasters should be reduced so that the
wall is more articulated. This would help to break up the mass and present a more
esthetically pleasing appearance to the neighborhood.
J:IHOME\PLANNING\ROSEMARIEIDRClMIN-4-19-04
13-6
Design Review Committee
Minutes
-3-
April 19. 2004
Mr. Bennett said that he understood Member Alberdi's point, however, once all the
vegetation grows in and matures the wall would really not be visible.
Mr. Schmitz noted that the wall is being installed per the SPA plan and If there are any
future amendments to the SPA plan it can be considered at that time.
Mr. Guy Asaro, Vice President with the Eastlake Company addressed the pilaster issue.
He explained that the Eastlake Business Center II was part of a comprehensive master
plan. In drafting this SPA. as well as drafting the SPA for the other projects, they did a very
thorough and exhaustive wall study of which staff was a part. As the owner of the
remainder lots In the Eastlake Business Center II. before they agreed or allowed their
client to agree to reduce those pilaster down to 100-feet, they would want to do some
additional study. Mr. Asaro also noted that in the SPA plan the obligation put forth
concerning the wall was for a zoning wall. However, because it is solid it would provide
that affect. Currently there is another sound study being conducted. This owner, as well
as all owners In the business center, will have to ensure that their use is compliant with the
city's sound code under the municipal code.
Vice Chair Aguilar remarked that the SPA plan shows a five-foot wall but other than the
fact that it's in the SPA plan could it be varied or was there a specific formula involved?
Mr. Asaro answered that there wasn't a specific method other than It was an obligation. It
was important that they look at this in a comprehensive manner, they would have to go
back and see what type of contractual obligations they have with future users and do a
complete analysis of what the ramifications of these decisions would be.
Member Alberdi asked staff if typically a zoning wall between commercial and residential is
6-feet per the code?
Mr. Schmitz answered that this was true, but it often anticipates that those adjacent uses
would be fairly close to the same level. Since the site Is so much higher than the
residential uses adjacent to it, there is an assumption that the slope itself and the wall atop
the slope will function adequately as a buffer between the uses.
Mr. Asaro mentioned that If you drive down Otay Lakes Road and look to the south at the
Eastlake Greens you will see a good example of this.
Member Drake asked if the wall would be treated with graffiti resistant paint or if some
planting would be place against the wall to act as a deterrent?
Mr. Asaro answered that the walls would be painted with graffiti proof paint.
Mr. Schmitz mentioned that condition 1 E in the Notice of Decision called for graffiti
resistant treatment to the wall.
Mr. Hare addressed the concerns of Member Aguilar and Drake with respect to the
landscaping. He noted that there were umbrella-seating areas that could be used by
customers for shade purposes. The palm trees were being used in order to enhance the
architecture. Although the bamboo had a tendency to be messy, the type that they are
using will have a single stock and they will be well maintained. In regards to the water
J:\HOMEIPLANN INGIROSEMARIE\ORClMIN-4-19-04
13-7
Design Review Committel>
Minutes
4-
April 19. 2004
feature he said that the depth of the water was not very deep maybe a 1.1/2 feet. It would
be a reflection pool type element with the water cascading into the stream element.
Public Testimony;
Mr. Tomas Torres, resident (941 Wind Cave Place, Chuia Vista, CA 91914) noted that his
property was directly east of the proposed building "A", with his home sitting approximately
50-60 feet directly down from the slope. He stated that the homes in this area are more
elevated than properties on the southeast and northeast portion of the development. He
pointed out that the design includes four bay doors within close proximity of their home.
His concem was that there would be significant noise and vibration from the delivery
trucks that will need to access those doors. He recommended that the bay doors be
relocated to the northeast and southeast side of the building. Mr. Torres also commented,
that in his opinion, the proposed 5-foot zoning wall and the iandscaping along the
perimeter of the wall would not be sufficient for screening most of the homes situated
directly east of the project site whose backyards face the project. While the existing slope
includes a variety of trees and shrubs, he felt if the development included a substantial
amount of evergr.een trees this would protect their privacy and provide aesthetic appeal.
Vice Chair Aguilar felt that Mr. Torres concems were valid and asked that they be
addressed by the applicant.
Mr. Bennett stated that in the iandscape plan it indicated that every two spaces there were
trees 18-feet apart and at the landscape fingers there is an additional tree. They wouid
not be averse to changing the species of tree to a more non-deciduous one. With respect
to the truck bays they were recessed into wall and one is angled away from the property
line at 45 degrees. The dock doors were inside the building lines. In terms of relocating
the truck bays, because of the building layout and the serviceability of those suites that
reaily was the best location especially for the larger suite.
...
Vice Chair Aguilar asked if the applicant had any estimates as to the number of trucks they
would expect per day or per week?
Mr. Bennett answered that based on the trucking studies they've done it's only a few trips
per tenant per day and would not be constant trucks in and out all day.
Mr. Mike Vogt with Intemational Real Estate, the developer, commented that they were
interested in being a good neighbor to the community and pointed out a couple of issues:
. Current zoning requires a 10-foot setback from the property line and they were
providing an 80-foot setback. If you include the 70-feet from the embankment you
are actually 150-feet from the residents' backyards.
. The requirement for trees planted along the slope is one per 4 to 10 parking stalls.
They have agreed to plant one every two stalls. They would not be averse to
changing the species to evergreens as the resident has requested.
. The intensity of this use would be much greater if it were straight industrial. The
fact that there is one big tenant with two docks means that you have a very large
area where there are no trucks coming and going, as far as the dock areas are
concerned.
J:IHOMElPLANNINGIROSEMARIElDRCIMIN-4-19-04
13-8
Design Review Committel:
Minutes
-s-
AJJril19.2004
. A noise study per staft's recommendation will be done and they will comply with
the findings from the noise study.
Mr. Torres stated, with respect to the comments about the wall height being adequate for
screening purposes, he disagreed. The properties that sit directly east behind the site are
more elevated than the ones on the sides. As a sign of good faith, he thought that perhaps
the developer could increase the section of wall that is facing their properties to 6-ft., while
retaining the other portions of the wall to Soft. Mr. Torres also noted that they were
concerned with the hours of operation of the delivery trucks.
Mr. Schmitz stated that the zoning ordinance and in the SPA plan there are performance
standards that must be complied to. If they received complaints Code Enforcement staff
could go out and take sound measurements based upon existing operating features.
Mr. Schmitz remarked, since the noise issue is a concern to the committee he
recommended that condition 1 J be modified so that it include any findings from the noise
study be addressed prior to issuance of building permit. Staff also offered that once they
have that study and the applicant and staff are comfortable with the findings that Mr.
Steichen can contact Mr. Torres to review that and go over any concerns.
Mr. Bennett addressed Mr. Torres's request about increasing the height of the wall. He
said at the initial planting of the landscaping you would probably be able to see over the 5-
ft. wall but after It matures it would be more difficult. He was not sure if increasing the wall
to 6-ft. would really mitigate the applicant's concern.
Mr. Asaro stated that the applicant has a contractual obligation to the Eastlake Company
to build the wall as approved in the SPA As a principal of the Eastlake Company, on the
surface he would not be opposed to a 6-ft. high concept. however, they have to look at the
overall project in it's totality. In addition, they would get a hold of the sound study when it
is complete. It was their hope that the wall in it's current configuration will satisfy the noise
mitigation requirements, and if it isn't they would look at ways the wall could be made
more appropriate. Mr. Asaro stated that he would leave his card for Mr. Torres so that he
can contact him so they can discuss this issue further.
Member Alberdi remarked that before they make a motion on this project he would ask
that the applicant go over the landscape issues with respect to the bamboo and shade
concept in the courtyards.
Mr. Hare said that he would probably be able to incorporate some shade trees within the
west facing portions of the courtyards. As far as the bamboo was concemed, there was a
specific kind of appearance an almost transparent look that he was striving for. The
thought was that there was so few of them that for those six stalks of bamboo the
maintenance would be manageable. Mr. Hare also suggested that bougainvillea could be
used along the eastern wall as a deterrent to keep people away from the wall.
Member Drake suggested other varieties of trees that might create the same effect Mr.
Hare was striving for.
Mr. Vogt noted that they owned several business parks, which were all highly maintained
on a weekly basis. His concern was if they put shade trees in the courtyard, it would block
the view of the signs, which was a big factor for the tenants in the building. He indicated
J:IHOMElPLANNINGIROSEMARI ElQRCIMIN-4-1 9-04
13-9
Design Review Committee
Minutes
-6-
April 19. 2004
that it has been a tough seil to get this type of establishment to come to the South County
and one of the biggest obstacles has been visibility. Mr. Vogt asked that the committee
take this into consideration when deciding about the shade trees.
Discussion concerning the appropriate verbiage for condition 1J ensued between the
committee, staff, and the applicant.
MSC (AgullarIAlberdi) (3-0-0-2) to approve of DRC.04-45 subject to the conditions
noted in the draft Notice of Decision and the following modifications:
Condition 1J. A noise study shall be conducted to determine if noise from the
delivery trucks meets current city standards. Any deviation that is required from
the approved project, as the result of said noise study, shall be reviewed and
approved by the zoning administrator prior to commencing construction of the
deviation.
Condition 1L. The landscape architect should consider some shade trees in both
courtyards, and alternatives to the bamboo in the main courtyard that don't have
the problems associated with bamboo but achieve the same visual affect. The
planter wall along the east side should contain a barrier plant material to inhibit
people from walking up to the wall and looking over. The species of trees along the
east side of the project, currently shown in the plans, shall be replaced with species
that are evergreen. Motion carried.
F. ADJOURNMENT: The meeting was adjourned at 6:15 p.m. A regular Design Review
Committee meeting would be held on Monday, May 3, 2004 at 4:30 p.m. in Council
Chambers.
~;d by: ""
~~~~,,---------
Rosemarie Rice, Recorder
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RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REJECTING THE IRREVOCABLE OFFER OF DEDICATION
FOR OPEN SPACE LOT "E" OF CHULA VISTA TRACT NO. 00-02,
EASTLAKE BUSINESS CENTER II, PHASE 2, MAP NO. 14395
WHEREAS, on June 21, 2005, Eastlake Design District, LLC, owners of
properties located at 851, 871 and 881 Showroom Place submitted a Parcel Map to
subdivide the recently consolidated lot for the Eastlake Design Center; and,
WHEREAS, the proposed site plan for the home improvement design center
within the Eastlake Business Center requires the modification of the property boundary
between the parcel and the adjacent Open Space Lot "E" of Map No. 14395 at the
northeast comer of Fenton Street and Otay Lakes Road; and,
WHEREAS, Open Space Lot "E" of Map No. 14395 is owned by The Eastlake
Company and will be maintained by The Eastlake Business Center Owner's Association,
both of whom agreed to the modification of the property boundary, however, the City has
an Irrevocable Offer for Fee Title in Open Space Lot "E"; and,
WHEREAS, the Planning and Building Department has reviewed the proposed
Parcel Map showing the lot line adjustment to the open space lot and has found that it
conforms to the SPA requirements for the Eastlake Business Center; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista rejects the Irrevocable Offer of Dedication for the subject open space lot
located in the comer of Fenton Street and Otay Lakes Road, contiguous to 881
Showroom Place, and referred to Lot "E" in Map No. 14395.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
;Z~" f-'/1d~
Moore
City Attorney
H:\ENGrNEER\RESOS\Resos2005\9-13-05\Reso_Summary Vacation of Lot E at Eastlake Design District.doc
File: EP-J2J
13-12
Page 1, Item 10
Meeting Date: 9/13/05
COUNCIL AGENDA STATEMENT
ITEM TITLE: FORMATION OF THE COMMUNITY FACILITIES DISTRICT
A) Resolution of the City Council of the City of Chula Vista,
California, Acting in Its Capacity as the Legislative Body of Community
Facilities District No. 12-1 (McMillin Otay Ranch Village Seven) Declaring
the Results of a Special Election in Such Community Facilities
SUBMITTED BY:
B) Ordinance of the City Council of the City of Chula Vista,
California, Acting as the Legislative Body of Community Facilities District
No. 12-1 (McMillin Otay Ranch Village Seven) Authorizing the Levy of a
Special Tax in such Community Facilities District
5'i'-'
City Engineer ).4r ~
City Manager f ~ Pi(
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
On July 12,2005 Council approved the Resolution of Intention to establish Community Facilities
District No. 12-1 (CFD No. 12-1) and set the public hearing for August 16,2005. The City Council
meeting was cancelled and the public hearing was rescheduled to August 23, 2005. On August 23,
2005 the City considered the approval of two Resolutions; 1) to form and establish a Community
Facilities District No. 12-1 and 2) declaring necessity to incur bonded indebtedness. On August 30,
2005 a special election of eligible property owners was held at the City Attorney's office for the
purpose of voting on the formation of the CFD No. 12-1.
Tonight's action will continue the formal proceedings by (a), certifying the election results, and (b)
introducing and waiving the first reading of the Ordinance authorizing the levy of special taxes
within CFD No. 12-1.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
. Approve the Resolution acting in its capacity as the legislative body of
Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven),
declaring the results of a special election in such Community Facilities District.
. Introduce the First Reading ofthe Ordinance, authorizing the levy of a special tax
in such Community Facilities District.
14-1
Page 2, Item I Lf-
Meeting Date: 9/13/05
Backl!round
As noted before, on August 23, 2005, the City Council held a public hearing pertaining to the
formation of CFD No. 12-1, the levy of special taxes within and the necessity to incur a bonded
indebtedness of the District. Following the public hearing, the City Council adopted resolutions that
made preliminary findings, passed upon the protests, approved the Special Tax Report and formed
CFD No. 12-1. This action authorized the submittal to the qualified electors within CFD No. 12-1 of
ballot measures to authorize the levy of special taxes within CFD No. 12-1, authorize the issuance of
bonds ofCFD No. 12-1 and establish an appropriations limit for CFD No. 12-1.
The public hearing was held pursuant to the provisions of the "Mello-Roos Community Facilities
Act of I 982". Community Facilities Districts such as CFD No. 12-1 provide the necessary funding
mechanism for the acquisition or construction of public improvements by levying an annual "special
tax", which is collected ITom the property owners in conjunction with the property taxes.
On August 30, 2005, in the City Attorney's office, the City Clerk, acting as the election official,
conducted a special election with the qualified electors of CFD No. 12-1, i.e., the owners of land,
voted to authorize the levy of special taxes on property ofCFD No. 12-1, to authorize the issuance of
bonds of CFD N 0.12-1 and to establish an appropriations limit for CFD No. 12-1. The City Clerk and
the Special Tax Consultant presided over the proceedings, verified the eligible voters, signatures, and
presented the election ballots. The results of the special election shows 100% ofthe votes were cast
in favor of authorizing the levy of the proposed special tax, the issuance of the bonds secured by such
special taxes and the establishment of an appropriations limit for CFD No. 12-1.
There is no direct cost to the City. The expenses related to the district administration (including
levying and collecting the special taxes) will be funded by the CFD No. 12-1. The ultimate security
for the bonds are the properties located within the district, not the City's General Fund or its ability
to tax property within its jurisdiction. CFD No. 12-1 has been formed in conformance with the "City
of ChuIa Vista Statement of Goals and Policies Regarding the Establishment of Community
Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28,1998.
CFD No. 12-1 is consistent with established Ordinances and Council Policies. In addition, staffhas
met with the developer to discuss their concerns, clarify the intent of the policies and ordinances, and
review the methodology for the apportionment of the special taxes. All of the issues raised by the
developer have been discussed and solutions, satisfactory to all parties, have been incorporated in the
"Rate and Method of Apportionment" (RMA).
14-2
Page 3, Item I Lf
Meeting Date: 9/13/05
The Resolution/Ordinance
There is one Resolution and one Ordinance on today's agenda, which, if adopted, will
accomplish the following:
A) RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR
Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven) and perform the
following:
. Certify the election results
B) The ORDINANCE is the first reading of an Ordinance by the City Council acting as the
legislative body of CFD No. 12-1 authorizing the levy of a special tax in such CFD.
Notice
The property owners within the district have been notified ofthe election and voting procedures
that took place on August 30, 2005 in the City Attorney's office. The summary of the Ordinance
has been prepared by the City Clerk and will be published in an adjudicated newspaper of general
circulation between the first and second reading of the Ordinances for CFD No. 12-1.
Future Actions
On September 20,2005 the City Clerk shall place the second reading on the City Council's
agenda and upon approval, the City Clerk will then cause the publication of a public notice of the
Ordinance, specifying the approval, formation and levy of a special tax. In November 2005, the
City Council will consider hearing the formal actions approving the necessary bond documents
pertaining to CFD No.12-1. These documents will be Preliminary Official Statement, Bond
Indenture, Market Absorption Analysis, Appraisal, Acquisition Financing Agreement and other
pertinent documents related to the bond sale.
FISCAL IMPACT:
There will be no direct fiscal impact to the City. The developer will pay all formation costs and has
deposited money to fund initial consultant costs, and City costs in accordance with the approved
Reimbursement Agreement. The developer will pay the full cost of staff time for district formation
and administration activities. Staff anticipates that most of the CFD No. 12-1 administration will be
contracted out. The CFD administration cost is estimated at $75,000 annually.
14-3
Page 4, Item J!l-
Meeting Date: 9/13105
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1 %) of the total bond authorization. Said
requirement will be memorialized in the Acquisition/Financing Agreement. Based on a bond sale
amount of$19 million said monetary compensation would be $190,000. Said amount shall be paid
prior to bond sale (scheduled for late 2005) and will be deposited into the General Fund. The CFD
Policy also stipulates that said compensation is not eligible for financing by CFD No. 12-1.
J:\Engineer\AGENDA\CAS2005\09-13-05\Ccrtify Election - CFD12I.doc
14-4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 12-1
(MCMILLIN-OTAY RANCH-VILLAGE SEVEN) DECLARING THE
RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has previously undertaken proceedings to create and did establish a
Community Facilities District pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1982," being Chapter 2.5, Part I, Division 2, Title 5 of the
Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City
of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordina nce") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
referred to as COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY
RANCH-VILLAGE SEVEN) (the "District "); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the District separate propositions relating to the levy of special taxes
within the District, the issuance of bonds to be secured by the levy of special taxes within the
District and the establishment of an appropriations limit for the District; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH-VILLAGE SEVEN), DOES HEREBY
RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City
Clerk, acting in her capacity as the Election official, said Statement setting forth the number of
votes cast in the election, the measures voted upon, and the number of votes given for and/or
against the measures voted upon. A copy of said Certificate and Statement is attached hereto,
marked Exhibit "A", referenced and so incorporated.
1 4-51
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as
set forth in said STATEMENT OF VOTES CAST.
PREPARED BY:
APPROVED AS TO FORM BY:
~O&J
i Attorney
Jack Griffin
Director of General Services
14-62
.
EXHIBIT" A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 12-1
(MCMILLIN-OT A Y RANCH-VILLAGE SEVEN)
SPECIAL ELECTION
in said City, held August 30, 2005.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in
said District in said City, and the whole number of votes cast for the Measures in said District in said
City, and the totals of the respective columns and the totals as shown for the Measures are full, true
and correct.
I.
VOTES CAST ON PROPOSITION A:
YES
NO
2.
VOTES CAST ON PROPOSITION B:
YES
NO
3.
VOTES CAST ON PROPOSITION C:
YES
NO
WITNESS my hand this
day of
,2005.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
14-7
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OTA Y RANCH - VILLAGE
SEVEN) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has initiated proceedings, held a public hearing, conducted an election
and received a favorable vote from the qualified electors authorizing the levy of special taxes
in a community facilities district, all as authorized pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title
5 of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City
of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordina nce") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District is designated as
COMMUNITY FACILITIES DISTRICT NO. 12-1 (McMillin - OTAY RANCH - VILLAGE
ELEVEN) (the "Dis trict").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven), does hereby
ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in the District pursuant to the Rate and
Method of Apportionment of Special Taxes as set forth in Exhibit "A " attached hereto and
incorporated herein by this reference (the "Rate and Method").
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied within the
District for .the then current tax year or future tax years; provided, however, the special tax to
be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate
and Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ad valorem property taxes and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to
collect the special taxes at a different time or in a different manner if necessary to meet its
financial obligations.
1
14-8
SECTION 4. The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State
of California, which lien shall be a continuing lien and shaH secure each levy of the special
tax. The lien of the special tax shall continue in force and effect until the special tax obligation
is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause a summary of this
Ordinance to be published in a newspaper of general circulation in the City pursuant to the
provisions of Chula Vista's City Charter, Section 3I2(b).
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
August 30, 2005;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held
on the day of , 2005, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
APPROVED AS TO FORM:
Sohaib Al-Agha
City Engineer
J :\Attorney\JiIlM\Ord Authorize Levy of Special Tax CFD 12-l.doc
2
14-9
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 12-1
(MCMILLIN - OTAY RANCH - VILLAGE SEVEN)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property
within the City of Chula Vista Community Facilities District No. 02-1 A Special Tax as hereinafter
defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista
Community Facilities District No. 12-1 (CFD No. 12-1) and collected each Fiscal Year commencing in
Fiscal Year 2006-2007 in an amount determined by the City Council through the application of the
appropriate Special Tax for "Developed Property", "Undeveloped Property" and "Contingent Taxable
Property" as described below. All of the Taxable Property CFD No. 12-1, unless exempted by law or by
the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or
other recorded document creating or describing the parcel. If the preceding maps for a land area
are not available, the Acreage of such land area shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expense Requirement" means an annual amount equal to $75,000, or such
lesser amount as may be designated by written instruction from an Authorized Representative to
the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year
for the payment of Administrative Expenses.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to
the administration of CFD No. 12-1 including, but not limited to, the following: the costs of
computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by
the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the
costs of the Trustee (including its legal counsel) in the discharge of the duties required of it
under the Indenture; the costs to the City, CFD No. ]2-1 or any designee thereof of complying
with arbitrage rebate requirements; the costs to the City, CFD No. 12-1 or any designee thereof
of providing continuing disclosure; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs of the City,
A-I
14-10
CFD No. 12-1 or any designee thereof related to any appeal of the levy or application of the
Special Tax; and the costs associated with the release of funds from an escrow account, if any.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD
No. 12-1 for any other administrative purposes, including, but not limited to, attorney's fees
and other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by an Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Category of Developed
Property as determined in accordance with Section C.1.a.
"Available Funds" means the balance in the reserve fund established pursuant to the terms of
any Indenture in excess of the reserve requirement as defined in such Indenture, delinquent
Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal
Year, Special Tax prepayments collected to pay interest on Bonds, and other sources of funds
available as a credit to the Special Tax Requirement as specified in such bond indenture.
"Backup Special Tax" means the Backup Special Tax amount set forth in Section C.Lb.
"Bonds" means any bonds or other debt (as defrned in the Act), whether in one or more series,
issued by CFD No. 12-1 under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and ending on
September 1st in the following year, unless defined differently in the applicable Indenture.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the Special
Taxes.
"CFD No. 12-1 me ans City of Chula Vista, Community Facilities District No. 12-1.
"City" means the City of Chula Vista.
"Contingent Taxable Property" means all Assessor's Parcels of Public Property, Property
Owner Association Property, Open Space or other property that would otherwise be classified as
Exempt Property pursuant to the provisions of Section E, but cannot be classified as Exempt
Property because to do so would reduce the Acreage of all Taxable Property below the required
minimum acreage as set forth in Section E.l for Zone A or Zone B as applicable.
A-2
14-11
"Council" means the City Council of the City, acting as the legislative body of CFD No. 12-1.
"County" means the County of San Diego.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a building
permit has been issued prior to March I" preceding the Fiscal Year in which the Special Tax is
being levied.
"Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax
pursuant to Section E.l.
"Final Subdivision Map" means a subdivision of property, created by recordation of a final
subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.) or-recordation of a
condominium plan pursuant to California Civil Code 1352, that creates individual lots for which
residential building permits may be issued without further subdivision of such property.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Indent ure" means the indenture, fiscal agent agreement, trust agreement, resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 of Section C.I.a.
"Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building
permit for residential construction has been or could be issued. Notwithstanding the foregoing,
in the case of an individual legal lot created by such a Final Subdivision Map upon which
condominium units are entitled to be developed but for which a condominium plan has not been
recorded, the number of Lots allocable to such legal lot for purposes of calculating the Backup
Special Tax applicable to such Final Subdivision Map shall equal the number of condominium
units which are permitted to be constructed on such legal lot as shown on such Final Subdivision
Map.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C, which may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property, for which a
building permit(s) has been issued to allow the construction of one or more buildings or
structures for a non-residential use.
"Occu pied Residential Property" means all Assessors' Parcels of Residential Property for
which title is owned by an end user (homeowner).
A-3
14-12
"Open Space" means property within the boundaries of CFD No. 12-1 which (a) has been
designated with specific boundaries and acreage on a Final Subdivision Map as open space (b) is
classified by the County Assessor as open space (c) has been irrevocably offered for dedication
as open space to the federal government, the State of California, the County, the City, any other
public agency or (d) is encumbered by an easement or other restriction required by the City
limiting the use of such property to open space.
"Outstanding Bonds" mean all Bonds, which remain outstanding as defmed in the Indenture.
"Property Owner Association Property" means any property within the boundaries of CFD
No. 12-1 which is (a) owned by a property owner association or (b) designated with specific
boundaries and acreage on a Final Subdivision Map as property owner association property. As
used in this definition, a property owner association includes any master or sub-association.
"Proportionately" means for Developed Property that the ratio of the Special Tax levy to the
Assigned Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of
Developed Property within CFD No. 12-1. For Undeveloped Property or Contingent Taxable
Property "Propo rtionately" means that the ratio of the actual Special Tax levy per Acre to the
Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and equal for all Assessor's Parcels of Contingent Taxable Property within CFD No.
12-1.
"Public Property" means any property within the boundaries of CFD No. 12-1 that which (a)
is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency
or (c) is designated with specific boundaries and acreage on a Final Subdivision Map as property
which will be owned by a public agency. For purposes of this definition, a public agency
includes the federal government, the State of California, the County, the City or any other public
agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling
units.
"Residential Floor Area" means all of the square footage of living area within the perimeter of
a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed
patio, or similar area. The determination of Residential Floor Area shall be made by the CFD
Administrator by reference to appropriate records kept by the City's Building Department.
Residential Floor Area for a residential structure will be based on the building perrnit(s) issued
for such structure prior to it being classified as Occupied Residential Property, and shall not
change as a result of additions or modifications made to such structure after such classification as
Occupied Residential Property.
"Special Tax" means the armual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement.
A-4
14-13
"Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal
Year for CFD No. 12-1 to: (i) Pay Administrative Expenses in an amount equal to
Administrative Expense Requirement or such other amount as may be designated by the City (ii)
pay annual debt service on all Outstanding Bonds (as defmed in Section A) due in the Bond Year
beginning in such Fiscal Year; (iii) pay other periodic costs on Outstanding Bonds, including but
not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iv) pay any
amounts required to establish or replenish any reserve funds for all Outstanding Bonds in
accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public
improvements which are authorized to be financed by CFD No. 12-1 provided that the inclusion
of such amount does not cause an increase in the levy of Special Tax on the Undeveloped
Property for CFD No. 12-1; less (vi) a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
12-1 that are not exempt from the Special Tax pursuant to law or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the bond indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as
Developed Property or Contingent Taxable Property.
"Zone A" means the specific geographic area designated as such and as depicted in Exhibit A
attached hereto.
"Zone B" means the specific geographic area designated as such and as depicted in Exhibit A
attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 12-1 shall be (a)
categorized as being located in either Tax Zone A or Zone B, (b) classified as Developed Property,
Undeveloped Property or Contingent Taxable Property and (c) shall be subject to the levy of annual
Special Taxes determined pursuant to Sections C and D below. Furthermore, all Developed Property
shall then be classified as Residential or Non-Residential Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or
Non-Residential Property shall be the greater of (I) the Assigned Special Tax described in
Table I or (2) the Backup Special Tax computed pursuant to b. on next page.
a. Assil!ned Special Tax
A- 5
14-14
The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in
Table I.
A-6
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TABLE 1
Assigned Special Tax for Developed Property
within Zone A and Zone B
Land Use
Class Description Assil!lled Special Tax
$890 per Unit Plus $0.79 per
1 Residential Property square foot of Residential Floor
Area
2 Non-Residential $6,000 per Acre
Property
b. Backup Special Tax
When a Final Subdivision Map or a condominium plan is recorded within Zone A or Zone
B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as
Residential Property or Non-Residential Property shall be determined as follows:
For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of
Undeveloped Property to be classified as Residential Property upon its development within
the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot
calculated according to the following formula:
Zone A
$24,383 x A
B=
------------------------
L
Zone B
$41,621 x A
B=
------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot in each Fiscal Year.
A = Acreage classified or to be classified as Residential Property in such Final
Subdivision Map.
L = For a Final Subdivision Map, the number of Lots which are classified or to
be classified as Residential Property.
A-7
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For each Assessor's Parcel of Developed Property classified as Non-Residential
Property or for each Assessor's Parcel of Undeveloped Property to be classified as Non-
Residential Property within the Final Subdivision Map area, the Backup Special Tax shall
be determined by multiplying $24,383 for Zone A and $41,621 for Zone B by the total
Acreage of any such Assessor's Parcel.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended
Final Subdivision Map, then the Backup Special Tax applicable to such Assessor' s
Parcels shall be recalculated to equal the total amount of Backup Special Tax that would
have been generated if such change did not take place.
2. Undeveloped Property and Contingent Taxable Property
The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped Property and
Contingent Taxable Property shall be $24,383 per Acre for Zone A and $41,621 per Acre
for Zone B.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall
determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special
Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as
follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed
Property within Zone A and Zone B at a rate up to 100% of the applicable Assigned Special Tax to
satisfy the Special Tax Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the first
step has been completed, the Special Tax shall be levied Proportionately on all Undeveloped
Property within Zone A and Zone B, at a rate up to 100% of the Maximum Annual Special Tax
for Undeveloped Property. In determining the Acreage of an Assessor's Parcel of Undeveloped
Property for purposes of determining the annual Special Tax to be levied on such Assessor' s
Parcels of Undeveloped Property, the CFD Administrator shall not include any Acreage shown
on any applicable tentative subdivision map or other land use entitlements approved by the City
that designates such Acreage for a use that would be classified as Open Space, Property Owner
Association Property or Public Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the fust two
steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed
Property whose Maximum Annual Special Tax is derived by the application of the Backup
A- 8
14-17
Special Tax then the Annual Special Tax shall be increased at the same percentage from the
Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on all
Contingent Taxable Property at a rate up to 100% of the Maximum Annual Special Tax for
Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as a
consequence of delinquency or default in the payment of Special Taxes by the owner of any other
Assessor's Parcel.
E. EXEMPTIONS
1. The CFD Administrator shall classify the following as Exempt Property: (i) Public
Property, (ii)' Property Owner Association Property, (iii) Open Space and (iv)
Assessor' s Parcels with public or utility easements making impractical their utilization
for other than the purposes set forth in the easement; provided, however, that no such
classification shall reduce the sum of all Taxable Property to less than 32.98 Acres for
Zone A and 22.00 Acres for Zone B. Assessor's Parcels which cannot be classified as
Exempt Property because such classification would reduce the Acreage of all Taxable
Property to less than 32.98 Acres for Zone A and 22.00 Acres for Zone B will be
classified as Contingent Taxable Property and shall be taxed pursuant to the fourth step
of Section D. Exempt status for purposes of this paragraph will be assigned by the CFD
Administrator in the chronological order in which property becomes Exempt Property.
2. The Maximum Annual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but
which is classified as Contingent Taxable Property pursuant to E.I above shall be
prepaid in full by the seller pursuant to Section H.!, prior to the transfer/dedication of
such property to such public agency. Until the Maximum Annual Special Tax obligation
for any such Public Property is prepaid, the property shall continue to be subject to the
levy of the Special Tax as Contingent Taxable Property.
3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's
Parcel is no longer classified as one of the uses set forth in E.!. above that would make
such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's
Parcel shall cease to be classified as Exempt Property and shall be deemed to be
Taxable Property.
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's
Parcel is in error shall first consult with the CFD Administrator regarding such error. If following
A-9
14-18
such consultation, the CFD Administrator determines that an error has occurred; the CFD
Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If
following such consultation and action (if any by the CFD Administrator), the landowner or
resident believes such error still exists, such person may file a written notice with the City Clerk of
the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the
receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager
who shall establish as part of the proceedings and administration of CFD No. 12-1 and a special
three-member Review/Appeal Committee. The Review/Appeal Committee may establish such
procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes; provided, however, that CFD No. 12-1, may directly bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet
its fmancial obligations, and may covenant to foreclose and may actually foreclose on Assessor's
Parcels of Taxable Property that are delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions
established by the Council pursuant to the Act. However, the use of Bond tenders shall only be
allowed on a case-by-case basis as specifically approved by the Council.
H. PREPAYMENT OF SPECIAL TAX
The following defmition applies to this Section H:
"CFD Public Facilities" means those public facilities authorized to be fmanced by CFD No.
12-1.
"CFD Public Facilities Costs" means either $ 17.1 million, or such lower number as shall be
determined either by (a) the CFD Administrator as sufficient to finance the CFD Public
Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds
to be secured by Special Taxes levied under this Rate and Method of Apportionment.
"Construction Fund" means an account specifically identified in the Indenture to hold funds
which are currently available for expenditure to acquire or construct the CFD Public Facilities.
"Fu ture Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the
CFD Public Facilities Costs previously funded (i) from the proceeds of all previously issued
Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of
A -10
14-19
prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of
all previously issued Bonds then on deposit in the Construction Fund.
"Outsta nding Bonds" means all previously issued Bonds which will remain outstanding after
the fIrst interest and/or principal payment date following the current Fiscal Year, excluding Bonds
to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual
Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfIed for
an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit
has been issued, or Contingent Taxable Property. The Maximum Annual Special Tax obligation
applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's
Parcel to pay the Special Tax permanently satisfIed as described herein; provided, however that a
prepayment may be made only if there are no delinquent Special Taxes with respect to such
Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to
prepay the Maximum Annual Special Tax obligation shall provide the tFD Administrator with
written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD
Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The
CFD Administrator may charge a reasonable fee for providing this fIgure.
The Prepayment Amount (defIned below) shall be calculated as summarized below (capitalized
terms as defIned below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Prepayment Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defmed below) shall be
calculated as follows:
Step No.:
1. For Developed Property, compute the Maximum Annual Special Tax for the Assessor's
Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a
building permit has been issued to be prepaid, compute the Maximum Annual Special Tax
for that Assessor's Parcel as though it was already designated as Developed Property,
based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels
of Contingent Taxable Property to be prepaid, compute the Maximum Annual Special Tax
A-ll
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for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped
Property.
2. Divide the Maximum Annual Special Tax computed pursuant to step I by the sum of the
total expected Maximum Annual Special Tax revenues which may be levied within CFD No.
12-1 excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation
has been previously prepaid.
3. Multiply the quotient computed pursuant to step 2 by the principal amount of the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid
(the "Bond Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to step 3 by the applicable
redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds
to be redeemed (the "Redemption Premium").
5. If all the Bonds authorized to be issued for CFD No. 12-1 have not been issued, then
compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to step 2 by the amount determined pursuant to
step 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's
Parcel (the "Future Facilities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption Amount from the
first bond interest and/or principal payment date following the current Fiscal Year until
the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year,
which have not yet been paid.
10. Determine the fees and expenses of CFD No. 12-1, including but not limited to, the costs
of computation of the prepayment, the costs to invest the prepayment proceeds, the costs
of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any
notices to evidence the prepayment and the redemption (the "Prepayment Fees and
Expenses").
II. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as
determined pursuant to step 10, from the date of prepayment until the redemption date for
the Outstanding Bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount computed
pursuant to step 11 (the "Defeasance Amount").
A-12
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13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b)
the amount derived by subtracting the new reserve requirement (as defmed in the
Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no event
shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at the
time of the fIrst interest payment following the current Fiscal Year, a capitalized interest
credit shall be calculated by multiplying the quotient computed pursuant to step 2 by the
expected balance in the capitalized interest fund after such fIrst interest payment (the
"Capital ized Interest Credit").
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to
steps 13 and 14 (the "Prepayment Amount").
16. From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 13, and
14 shall be deposited into the appropriate fund as established under the Indenture and be
used to retire Outstanding Bonds or make debt service payments. The amount computed
pursuant to step shall be retained by CFD No. 12-1. The amount computed pursuant to
step 6 shall be deposited in the Construction Fund.
The Prepayment Amount may be suffIcient to redeem other than a $5,000 increment of Bonds. In
such cases, the increment above $5,000 or integral multiple thereof will be retained in the
appropriate fund established under the Indenture to be used with the next prepayment of bonds or
to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined under
step 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy
for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel
that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the
Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such
Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall
cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of
Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No. 12-1
prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service
on all Outstanding Bonds.
2. Prepayment in Part
A -13
14-22
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be
partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a
partial prepayment shall be calculated according to the following formula:
PP = (PE-A x F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H .1, minus Prepayment Fees
and Expenses determined pursuant to Step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Prepayment Fees and Expenses determined pursuant to Step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special
Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum
Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be
prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The
CFD Administrator shall provide the owner with a statement of the amount required for the partial
prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds
remitted to it according to Step 16 of Section H.l, and (ii) indicate in the records ofCFD No. 12-1,
that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of
the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining
Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's
Parcel pursuant to Section D.
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2006-2007 to the extent
necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than
the 2046-2047 Fiscal Year.]
A -14
14-23
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item I '5
Meeting Date: 9/13/05
Resolution Approving the Final "A" Map of Chula Vista
Tract No. 05-09, Otay Ranch Village Seven. Accepting on behalf of the
City of Chula Vista, the easements granted on said Map within said
Subdivisions; Accepting on behalf of the Public, the public streets
shown thereon; approving the Subdivision Improvement Agreement for
the completion of improvements required by said subdivision; approving
the associated Supplemental Subdivision Improvement Agreement,
requiring developer to comply with certain unfulfilled conditions of
Resolution No. 2004-332.
""sr..
City Engineer ~ "/1
City Manager r ~ pf
(4/5ths Vote: Yes_ No X )
On October 12, 2004, Council approved a Tentative Subdivision Map for Otay Ranch Village
Seven, Chula Vista Tract No. 05-09. Staff proposes that Council now consider approval of the
Otay Ranch Village Seven "A" Map, its associated Subdivision Improvement Agreement, and
its associated Supplemental Subdivision Improvement Agreement.
RECOMMENDATION: That City Council adopt the Resolution.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Otay Ranch Village Seven is a 108.3-acre project generally located south of Birch Road and
west of Magdalena Avenue in the northwestern portion of Otay Ranch Village 7, south of the
Otay Ranch Village Six project. The project consists of37 numbered lots, and 12 lettered lots.
The Tentative Map was approved October 12,2004 (Resolution No. 2004-332).
The Final Map has been reviewed by the City Engineer and found to be in substantial
conformance with the approved Tentative Map. The developer, Otay Project, LP, has paid all
applicable fees required prior to final map approval.
Council approval of the Final Map will constitute:
. Acceptance by the City of the landscape buffer maintenance easements;
. Acceptance by the City of the sidewalk easements with the rights of ingress and egress;
. Acceptance by the City of the assignable and irrevocable general utility and access
easements, for the installation and maintenance of public utilities;
. Acknowledgement of irrevocable otTers of dedication of open space lots.
. Acceptance on behalf of the public of all public streets with the Map.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
15-1
!~
Item , Page 2
Meeting Date: 3/08/05
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2004-332. These
conditions will remain' in effect until completed by the Developer and/or their
successors( s) in interest.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat ofOtay Ranch Village 7, Chula Vista Tract No. 05-09
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
HE File No. 0R974F
J:\EngineerILanddevIProjectsIOtay RanchIVillage 7\fmal_mapsIAI13.doc
15-2
ATTACHMENT I
CHULA VISTA TRACT NO. 05-09
OTAY RANCH
VILLAGE 7 "A" MAP NO. NO. 1
81RCH RD.
LOT "A
2 3 4
1;1
~
OS
10
f/EISJieDNsr;
LOT "e"
32
.
'200
I
LOT "L
LOT "J"
\
\
LOT "c"
o 400
~
SCALE
800
I
,"=400'
HUNSAKER
& ASSOCIA TIS
5 AND lEG 0, J N C.
LOT "D"
PlANNING 10179 Huemekens Street
ENQNEERINC SanDiq;o.u9Z121
SURVEYING PH{8S8)S58.4S00. fX(858)558.1414
: OSS 1 tkMo CITY CDUNCI EXHIBIT. dw
15-3
~
~
AUG, 24, 2005 2: 08?M .
,NO, 917
p, 1
Art ACHMENT ~
. . I IlL
" THE CITY OF CIIULA. VISTA PtSCLOSURE STATEMEN'l'
Pursuant to Couacil Poli~y 101~I, prior 10 any action upon llllillers whic:h will require dilcrctiowy action by the COllrlcil,
Planning ColMIiPion and all olber official boclles of the C\I}', . slIItemertt of c1istlosure of ..ruln ownership or fmancial
interests, paymems, or campaign canlTibutiol15 for a CiIy of Chula VislII elecliOD muse be filed. The followina iDiomatioD
/1111$1 be: disclosed:
I. List the names ohll p_ baving a financial interesl ill the propel'!)' tb&t is the wbjecr of the IIPplicarian or the
canaKt, ",g., owner, app1icam, c:o~lCIOr, ~lOr, material S\lPpUer.
Ot.av 1JTft"'.r-~ 'L. 'P.
2. If any penon- identified pursuanl r.o (1) above Is . corparuion or panIIathip, list tile names or aU individuals with
a $1000 laveanncnt ill duI bwlDesl (corpomicn1lpll'lllenhip) entity.
J~ BaldriD
.u Ba14na
, .
3. If III\Y person* Identified punU1D11O (1) above Is a ROftoProtIr. orr;......:"" or !NIt, list tha _ of any person
IeI'VIq II dlrccwr of the non-proftt oraanlWion or 1I1n\JIe" or bme.ficiary or trustor of the trust,
4. Pluac \dentIf)' every pe\'son. Includina any aaenlll. employees. comulWIII. or IncIepmlcnt co~lOtI you have
UIIgned 10 represent you before the City In this marcer? ,. ...
Jim Baldwin
k-~t ft.A~1:!
Al Baldwin
~an\@ RuntAr
Kim Kilkenny
Tn. ni ,s1t"mJtf'l
....... ,,--.......
s. Has :my penon- associated with thi, contract had my financial dea!Jnsl with an official". of the C1ty of Chula
Visla u it relalq to thiI contract wilbill the put 1~ molllhs. 'Yet No-lG,;.-' .
'-.' ',"
.... .. :"~" ",:",
~.. : ,".. .".' .~"...
.... ',I ,~. ~ ': '.' ','" _ ",....... . ',,', ,...,.., ..~ .....r-'.' "!' ',. .........
15-4
AUG. H. 2005 2: OSPM .
NO. 917
P. 3
,
. ~
If Yes, briefly describe the nature of Ihe financial interest liIe official". may havoln this contract?
6.
Have )'ou made: \I c:ontributiOll of 1M" Ihan $2SO wllhln the pllt IWeIve (12) montm to \I currellt member of the.
Chula VillA City Council? No 1. Yes :..... If yet. wblc:b CouneD m;mber'l .
7. .
Have you or IlIIY member of your so-1nB board (l... ColJlOdle!loud of Dlrecr.oalExeclltlve.. acm-proflt Board
of DIrectoa ttUII1a COIIIXibuticIlll tolalinS more 12Ian $1,000 over the put four (4) yeau to a Cl.lmIIt member of tile
Cb.ul" ViaQ ~ CouncU? YeI_ No--X...
If YeI. wb!ch Couneil1llllmber?
8. Have you provld.od more tIwI S300.(Qt an item of tqIIiValenl valul) to an offICW". 'qf Ibe City of ChIlla Vlata In
the put twet... (12) 1IIGIIIba' (I'bIa include. belDg " 10III1:C of 1ncoIIIc. 1lIOII1)' to rUe .. 1epl licbt, gift, loan, etc.)
Yes_ NO.Jt-
if Yea. whigh off!da1.. IIJd wbal: WII d1e iIItII~ of iIBm provided?
Date: fbWr"'f z..t ~
actor/A~Ult
l'riIn or typo I1I1II&: of ,COIIIracfQrl AppliclIIl..
.. '-11. I1II8&ad u: ..., iIIIIi'YIdUl, film. C01Iutnmbip. jllillt VI_. lIIOCIatIoa, IOcIaI cI.ub. (rani&! ~
CIIrpOIIIioa. estIIII. VIllI. zeceMr, l)'Il6:IIII, lIlY cxIier 001lllCy, c1IY, IIIIIIddpallIY, dI.IaIol, or CIIUa' poUtIc:t,I J~, 001'
IIQ7 IIIIw &mil' or eombIDadOllIClloc .. 1 WIlt.
... Offiela\ \nI:Iudet. blat illIOI'liJIIited 11); MIQIOf. CouacIllIIlIIIber. PIamdIIs 1"........;.'iOIIcr. I'd_bel' of 1 board, CODUllldion.
III' 00lIlII'II1110 of tIIo CIIy, '!"'PlOY", or IIalf memben,
H.IHOMB\1lNOIII!!a\AI)MIM\CONTIACTlS'IU5300.:13 (laill, MiDI
'. ..... "--;~'" -- ~-:-..... ..u.. -::': -: :. "',Y'I' '...,',-' ... ..:- ..,,;-.,. - ~~.., -"\" ...., ~ '\" .,,;~ ....:~i . .....~, ;'.: . ~.....~ ~:4': ...:'.....':'-~~, '.....' -.'.,~. .~;'" '1",,' '''I "':"' ~.....~ 'I\'''!''''''' .~,,-~""':'
15-5
AUG. 24. 2005 2: 08PM
.... .. ..... ......_ F'.....VILLAGE D!VELOMNT
t41t44TIH
NO 917 P 4 '
P.oo.:... F-IOI
.
CERTiFICATE OF SJCRET AllY
OF
OTAY RANCH DEVE1.0PMENT, LLC
1, me undersigned Secrelary of Olay Ranch Development, UC, a Delaware
limited liabilityt;ompan}' (the "COmpIllY"), DO HEREBY CERTIFY, on behalfoflhe
Company, thallhe fonowing resolution was duly csmed by the Members oflhe
Company:
RESOt VED, Joseph Oiedeman, Director ofConsll'llcrion. is heteby authorized
on 10 execule and deliver contl1lC;ts, subdivision agrcemems, bon~, and lilY other
documents necessmy 10 c1e'telop properly owned by OIay Project, L.P. or my other entity
of which Company!! a mmnber or abareholder, on bchalfoflhc Compauy_
IN WITNESS WlmREOF, I have IillDel!!his Cerdficale 011 bebalfof!he
Company in my capacity as Secretary on this 13th day of April, 2004.
~~'
Cheryl ^. e e ~
SeCl'Ctary
c:lI:urploakcm,dac
15-6
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A"
MAP OF CHULA VISTA TRACT NO. 05-09, OTAY RANCH VILLAGE SEVEN;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS SHOWN THEREON;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION;
APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITION OF RESOLUTION NO. 2004-332.
C WHEREAS, the developer, the Otay Project, LP, has submitted a final map for Otay
Ranch Village 7; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2004-332; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the proposed project was adequately covered in previously adopted Otay Ranch Village Seven
SPA Plan Final EIR 04-06 and its addendum. Thus, no further environmental review or
documentation is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 05-09, Otay Ranch
Village Seven "A" Map is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown thereon is hereby
approved and accepted. The map is more particularly described as follows:
Being a subdivision of a portion of Parcel 6 of Parcel Map 18471, in the City of
Chula Vista, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, on May 10, 2000, as File No. 2000-
024106,O.R.:
Area: 108.352 Acres
Numbered Lots: 37
No. of Lots: 49
Lettered Lots: 12
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
public the public streets: a portion of Magdalena Avenue, La Media Road, Santa Luna Street,
Irwin Street, Webber Way, Jones Street, Baum Street, Thompson Avenue, Pember Avenue, Hoyt
Street, May Avenue, Wolf Canyon Loop, OConnor Avenue, Walton Street, Kugel Court,
15-7
Kincaid Avenue, Barbour Avenue, Fleishbein Street, and alley shown thereon and said streets are
hereby declared to be public streets and dedicated to the public use all as shown on the map
within the subdivision.
BE IT FURTHER RESOLVED that the City Council hereby accepts on behalf of the
City of Chula Vista the landscape buffer, sidewalk, maintenance and assignable and irrevocable
general utility and access easements, all as shown on Otay Ranch Village 7 "A" map within the
subdivision.
BE IT FURTHER RESOLVED that the City Council hereby acknowledges on behalf of
the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A", "B", and
'T' for open space and other public purposes all as shown on Otay Ranch Village 7 "A" map
within the subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the Council; that the City Council
lias approved the subdivision map, and that the public streets are accepted on behalf of the public
as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be
acknowledged, and that those certain easements as granted on Otay Ranch Village 7 "A" map
within the subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the September 13, 2005, for the completion of improvements in the subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement which addresses on-going conditions of approval that will remain in effect and run
with the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit the map
to the Clerk of the Board of Supervisors ofthe County of San Diego.
Presented by
Approved as to form by
1oj" P/Yl~~
Moore
City Attorney
Sohaib Al-Agha
City Engineer
15-8
2
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
sZ,~/Z
Ann Moore
City Attorney
Dated: i /""7 / 1}.5~
Subdivision Improvement Agreement between
The City of Chula Vista and Otay Project, LP for
Final "A" Map ofChula Vista Tract No. 05-09,
Otay Ranch Village Seven for the completion of
Improvements
15-9
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
f()r which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of .2005, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
OTAY PROJECT, LP, A CALIFORNIA LIMITED PARTNERSHIP, 610 West Ash Street,
Suite 1500, San Diego, CA, hereinafter called "Subdivider" with reference to the facts set forth
below, which Recitals constitute a part of this Agreement; .
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Otay Ranch Village Seven (CVT 05-09) pursuant to the provisions of the Subdivision Map Act
of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the improvement work required by City in
-1-
15-10
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2004-332, approved on the
12th day of October, 2004 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation
and completion of said improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing Sets 05040 (La Media Road), 05041(Santa Luna Street), and
05034 In-tract streets inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specifications has been submitted and approved by the City in the amount as set forth
as follows:
La Media Road - TWO MILLION THREE HUNDRED SIXTY THOUSAND
DOLLARS AND NO CENTS ($2,360,000.00).
Santa Luna Street - FIVE HUNDRED TWENTY TWO THOUSAND
DOLLARS AND NO CENTS ($522,000.00).
Otay Ranch Village Seven In-tract Improvements - FOUR MILLION FOUR
HUNDRED NINETY FIVE THOUSAND SEVEN HUNDRED THIRTY NINE DOLLARS
AND NO CENTS ($4,495,739.00).
Total estimated cost of improvements - SEVEN MILLION THREE
HUNDRED SEVENY SEVEN HUNDRED THOUSAND SEVEN HUNDRED THIRTY NINE
DOLLARS AND NO CENTS ($7,377,739.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
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15-11
2. It is expressly understood and agreed that an monuments have been or win be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perfo= said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the perfo=ance of said
Improvement Work, Subdivider will confo= to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of:
La Media Road - ONE MILLION ONE HUNDRED EIGHTY THOUSAND
DOLLARS AND NO CENTS ($1,180,000.00).
Santa Luna Street - TWO HUNDRED SIXTY ONE THOUSAND DOLLARS
AND NO CENTS ($261,000.00).
Otay Ranch Village Seven In-tract Improvements - TWO MILLION TWO
HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE DOLLARS
AND FIFTY CENTS ($2,247,869.50).
Total amount of security for Faithful Perfo=ance - THREE MILLION SIX
HUNDRED EIGHTY EIGHT THOUSAND EIGHT HUNDRED SIXTY NINE DOLLARS
AND FIFTY CENTS ($3,688,869.50).
which security shall guarantee the faithful perfo=ance of this contract by Subdivider and
is attached hereto, marked Exhibit "A" and made a part hereof.
-3-
15-12
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of:
La Media Road - ONE MILLION ONE HUNDRED EIGHTY THOUSAND
DOLLARS AND NO CENTS ($1,180,000.00).
Santa Luna Street - TWO HUNDRED SIXTY ONE THOUSAND DOLLARS
AND NO CENTS ($261,000.00).
Otay Ranch Village Seven In-tract Improvements - TWO MILLION TWO
HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE DOLLARS
AND FIFTY CENTS ($2,247,869.50).
Total amount of security for Labor and Materials - THREE MILLION SIX
HUNDRED EIGHTY EIGHT THOUSAND EIGHT HUNDRED SIXTY NINE DOLLARS
AND FIFTY CENTS ($3,688,869.50).
to secure the payment of material and labor in connection with the installation of said
improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and
the bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FORTY
THOUSAND AND NO CENTS ($40,000.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
-4-
15-13
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of [mal acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indenmitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indenmitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indenmitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indenmification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indenmify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
-5-
15-14
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-6-
15-15
SIGNATURE PAGE ONE OF TWO
SUBDIVISION rMPROVEMENT AGREEMENT
OT A Y RANCH VILLAGE SEVEN "A" MAP
(CVT 05-09)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-7-
15-16
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OT A Y RANCH VILLAGE SEVEN "A" MAP
(CVT 05-09)
OTAY PROJECT L.P.,
A California limited partnership,
BY: OTAYPROJECT, LLC,
a California limited liability company,
its General Partner,
BY: OTAYRANCHDEVELOPMENT,LLC.
a Delaware limited liability company,
:yk~~M
(Attach Notary Acknowledgment)
-8-
15-17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of <$dl"\ .,,\~
On ~ t:u- ", 'UJO.('" before me,
personally appeare; ~ ",1- M€. V'
}~.
State of Califomia
MAVl.. '~J.'~~~bUl..
Name(s)atSignw(s)
!;;(personally known to me
o proved to me on the basis of satisfactory
evidence
~ - - - - - - - - - - - -
@ MARC LOVATO
_ Commilllon" 1479681 f
i -. Notary Public - Ca/lfomla ~
. San Diego County -
~ _ _ _ ~:0~m:..Ex~re~"r::.13.:. 2~8t
to be the person~ whose nam~) is/_
subscribed to the within instrument and
acknowledged to me that helshelllo!e;o executed
the same jp hislhe<lllwir authorized
capacity(i9i), and that by his/mmtlTeir
signatur$) on the instrument the person(ar, or
the entity upon behalf of which the person(sJ.
acted, executed the instrument.
ea.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
DescriptiDn Df Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o individual
o Corporate Officer - Titie(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other.
Top of thumb here
Signer Is Representing:
"1999 NaIIanaI Notary Assacillilln . 9350 0. SOtaAva.. P.O. Box 2402 oC/la1sworth. CA91313-2402 ._.nadonalnolaly..org
Prod.Na.5907
Reordtir. Call Tbll-FIH 1-800-&7B-6821
15-18
LIST OF EXHIBITS
Exhibit" A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$3,688,869.50
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$3,688,869.50
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$40,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Engineer\Landdev\Projects\Otay RanchWiUage 1\SIA\SIA_R2.doc
-9-
15-19
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
:;2V\P/UJ'L
Ann Moore
City Attorney
Dated: 7/7/ () .S-
Supplemental Subdivision Improvement Agreement between
The City ofChula Vista and Otay Project, LP for
Final "A" Map ofChula Vista Tract No. 05-09,
Otay Ranch Village Seven for the completion of
Improvements
15-20
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT
FOR THE OT A Y RANCH VILLAGE SEVEN "A" MAP
(Conditions: 1,2,3,4,5,7,8,9,10,11,12,14,16,18,20,21,22,23,
26,28,29,30,31,40,44,48, 50, 51, 52, 54, 57, 59, 62, 66, 67, 80,
84,85,89,92,93,96,98,99,103,104,105,106,108,114, 115, 116,
117,120,124,125,128,129,137,138,139,141,142,143,144,145,
146,147,148,149,150,151,152,156,157,158, 159,160, 161,163,
164, 165, 166, and 167 (Resolution No. 2004-332)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day
of ,2005, by and between THE CITY OF CIDJLA VISTA, California ("City" or "Grantee" for
recording purposes only) and the signators of this Agreement, Otay Project, LP, a California Limited
Liability Company, (referred to as "Developer"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "project" shall also mean "Property". Developer has applied for a final map for
the Property, more specifically known as Otay Ranch Village 7 "A" Map.
B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-09 ("Tentative
1
15-21
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2004-332 ("Resolution") on October 12, 2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map of the property known as Otay Ranch Village Seven "A" Map ("Final Map'') as being
in substantial conformance with the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent final maps may be subject to the same security, terms and
conditions contained herein.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for Otay
Ranch Village Seven "A" Map.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's succesgors-in-interest and
assignors of any property within the boundaries ofthe map. This includes Otay Project, LP and any
and all owners of real property within the boundaries of the Property, and all signatories to this
Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as maybe amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4,1996, as maybe amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
as adopted by the City Council on October 12, 2004 pursuant to Resolution No. 2004-330.
8. "Addendum" means the Addendum to the Final Second-Tier Environmental Impact
Report 04-06 considered by City Council on March 8, 2005.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
2
15-22
contained, the parties agree as set forth below.
1. Performance Obligation. Otay Project LP, signator to this Agreement, represents
to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement (''Burden'') is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees, If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the sole discretion of the City, jeopardize the likelihood that the
3
15-23
remainder of the Burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not j eopardize the City's assurance that the obligations set forth in this Agreement
will be perfo=ed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable fo= acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel ITom the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No.1 of the
Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained within
the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. Unless specifically provided
otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). In satisfaction of Condition No. 2 of the
Resolution, Developer agrees to comply with all requirements and guidelines of the City ofChula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Qtay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Enviromnental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (pFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement
Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan
as amended ITom time to time, unless specifically modified by the appropriate department head, with
the approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any material
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modifications shall be subject to approval by the City Council.
5. Condition No.3. (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with the conditions or
seek damages for their violation. City shall notify Developer 10 days prior to any of the above
actions being taken by the City and Developer shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer hereby agrees to defend, indemuify, protect, and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental hnpact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (pCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City Attorney.
9. Condition No.8 - (General Preliminary). In partial satisfaction of Condition No. 8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation of an annual report monitoring the development of the community ofOtay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall .
commence following the first fiscal year in which residential occupancy occurs in the Project and is
to be completed during the second quarter of the following fiscal year. Developer further agrees that
the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
10. Condition No.9 - (General Preliminary). In satisfaction of Condition No. 9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to FElR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion ofSRl25 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
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following conditions have been met: 1) SR125 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening ofSR125 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Altematively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended ITom time to time.
11. Condition No. 10 - (General Preliminary). In satisfaction of condition No.1 0 of
the Resolution, the Developer agrees to comply with the tenns of the Conveyance Agreement, as
may be amended ITom time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director ofPlamting and
Building.
12. Condition No. 11 - (Environmental). In satisfaction of condition No. 11 of the
Resolution, the Developer agrees shall implement, to the satisfaction of the Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final EIR 04-06 (SCH#2003ll1 050), the candidate CEQA Findings and MMRP for this
Proj ect.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to comply with all applicable requirements of the Califomia
Department ofFish and Game, the Califomia State Water Resources Quality Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental Impact Report (EIR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 14 - (preserve Conveyance). In satisfaction of condition No. 14 of
the Resolution, the Developer agrees that prior to the approval of each final "B" map for the Project,
the Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase
2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended ITom time to time by the City
15. Condition No. 16 - (pOM). In satisfaction of condition No. 16 of the Resolution,
the Developer agrees that simultaneously with conveyance ofland to the Preserve Owner/Manager
(POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle ITom adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
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.
16. Condition No. 18 - (pOM). In satisfaction of Condition No. 18, the Developer
agrees as follows:
a. The Developer is currently in compliance with the particular acreage conveyance
obligation of Otay Ranch Village 7 at a rate of 1.188 acres of conveyance per acre of area within the
Final Map as of the date of this Agreement. But such obligation may be subject to change in
accordance with paragraph c below. Any remaining amount shall be credited towards any future
map obligations.
b. That such dedicated property shall be granted in fee title to the City and County of
San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the
Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real
property that complies with this provision.
c. That Developer shall convey additional real property, ifnecessary, in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of
liens and encumbrances except for easements for existing public infrastructure and other easements
approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2.
Developer further agrees to pay all taxes and assessments as they came due as to the land to be
conveyed until title has legally transferred to the City and County of San Diego.
c. Developer acknowledges that property within the boundaries of the "A" Map
which will be the subj ect of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
17. Condition No. 20 - (Acoustic Study). In satisfaction of condition No. 20,
Developer agrees that accordance with mitigation measure 4.4-1 of Final EIR 04-06 and associated
MMRP, an acoustical study confirming wall geometrics and conformance with the City's noise
threshold for residential units along Birch Road and La Media Road shall be approved by the
Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be prepared in
conformance with the aforementioned study as well as the noise analysis contained in EIR 04-06 and
the associated MMRP. The noise barrier plan shall be submitted for review and receive approval by
the Director of Planning and Building, Environmental Review Coordinator, Director of Public
Warks and Director of General Services prior to issuance of the first grading permit for the Project.
This noise barrier plan shall be incorporated into the wall and fence plan, a component of the
Landscape Master Plan. Should Developer request modification of the approved wall and fence
plans, Developer shall provide additional acoustical analysis if required by the Director of Planning
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and Building and Environmental Review Coordinator. Noise barriers shall be constructed within
dedicated open space lots and shall not be constructed on private property unless a MHOA is formed
to maintain sound barriers to the satisfaction of the Director of Public Works and the Environmental
Review Coordinator.
18. Condition Nos. 21 - (Noise Barriers). In partial satisfaction of condition No. 21
and satisfaction of condition No. 22 of the Resolution, the Developer agrees that unless required
noise barriers are constructed, no building permits shall be issued for those lots within the noise
contour of 65 CNEL or greater as described in the Acoustical Study required by mitigation measure
4.4.1 and the Acoustical Impact Analysis by Giroux & Associates, dated June 1,2004 and the Noise
Technical Report for Otay Ranch Village Seven by RECON, dated February 23,2004, unless earlier
modified by agreement with the City of Chula Vista, CTV orits successor in interest, and Developer.
Developer further agrees that all noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista.
19. Condition No. 22 - (Coordination). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication of right-of-way.
20. Condition No. 23 - (Final "B" Maps). In satisfaction of condition No. 23 of the
Resolution, the Developer agrees that subsequent "B" Maps shall be in substantial conformance with
the approved fmal "A" Map. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final
"B"Map.
21. Condition No. 26 - (Oversizing). In satisfaction of condition No. 26 of the
Resolution, the Developer agrees that in the event of a filing of a fina1 'B' Map which requires
oversizing of the improvements necessary to serve other properties within the Project, the final map
shall be required to install all necessary improvements to serve the project plus the necessary
oversizing of facilities required to serve such other properties (in accordance with the restrictions of
state law and City ordinances).
22. Condition No. 28 - (Sign age). In satisfaction of condition No. 28 of the Resolution,
the Developer agrees that prior to issuance of the first building permit, Developer shall submit for
review and approval a sign program to the Director of Planning and Building and shall post
temporary signs on all neighborhoods within the Project indicating the future land use(s) for the sites
with signage consistent with the sign program. Developer acknowledges that temporary signs shall
be maintained in place until such time as a project is approved for any such future land use site.
23. Condition No. 29 - (Slopes). In satisfaction of condition No. 29 of the Resolution, in
addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately
maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their
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appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one
I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover.
Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape
and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning
and Building prior to approval of the corresponding final map.
24. Condition No. 30 - (parkways). In satisfaction of condition No. 30 of the Resolution,
street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the
City Engineer. The Developer shall plant trees within the parkways which have been selected ITom
the list of appropriate tree species described in the Village Seven Design Plan, Village Seven SPA
Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building,
General Services and Public Works. The Developer shall provide root barriers and deep watering
irrigation systems for the trees, as approved by the Director of General Services and the Director of
Public Works.
25. Condition No. 31- (Street Trees). In partial satisfaction of condition No. 31 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by
the Director of Planning and Building;
c. That street trees, which have been selected ITom the revised list of appropriate
tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
d. That prior to the installation of any dry utilities, including by not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval
ofthe Director of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and
maintained in the locations as shown on approved landscape plans and that such stakes shall remain
in place until all dry utilities are installed;
g. That the wood stakes shall be painted a bright color and labeled as future
street tree location;
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h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on
approved plans until all dry utilities are in place.
26. Condition No. 40 - (pFDIF). In satisfaction of condition No. 40 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (pFDlF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subject to the approval of the City Council.
27. Condition No. 44 - (Fire Hydrants). In satisfaction of condition No. 44 of the
Resolution, the Developer agrees that depending on the location of improvements such as cul-de-
sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by
the Fire Marshal, the Developer shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department.
28. Condition No. 48 - (Transit). In satisfaction of condition No. 48 of the Resolution, the
Developer agrees:
a. Fund and install ChuIa Vista transit facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for the stops shall be prepared
in accordance with the transit stop details described in the Village Seven Design Plan and Village
Seven PFFP and as approved by the Directors of Planning and Building and Director of Public Works;
b. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and
29. Condition No. 50 - (ADA). In satisfaction of condition No. 50 of the Resolution, the
developer shall construct sidewalks and construct pedestrian ramps on all waJkways to meet applicable
"Americans with Disabilities Acf' standards and as approved by the City Engineer. In the event the
Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may
be considered vested, as determined by Federal regulations, after construction has commenced.
30. Condition No. 51 - (private Utilities). In satisfaction of condition No. 51 of the
Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges that the installation of sleeves for future
construction of privately owned facilities may be allowed subject to the review and approval of the
City Engineer if the following is accomplished:
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a. The developer enters into an agreement with the City where the developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the developer whenever
work is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
31. Condition No. 52 - (Street Names). In satisfaction of condition No. 52 of the
Resolution, street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer.
32. Condition No. 54 - (Street Name Signs). In satisfaction of condition No. 54 of the
Resolution, the Developer agrees that prior to approval of each final map for the Project, Developer
shall agree to install permanent street name signs, and shall install such signs prior to the issuance of
the first building permit for production homes for the applicable final map.
33. Condition No. 57 - (Drainage Maintenance). In satisfaction of condition No. 57 of
the Resolution, the Developer shall provide drainage improvements in accordance with the Master
Drainage Study for Otay Ranch Village Seven, dated May 20,2004, and the Rough Grading Hydrology
Study dated July 19, 2005. Developer agrees to maintain all such drainage improvements until the City,
an applicable maintenance district, or other mechanism as approved by the City formally accepts the
improvements for maintenance. The maintenance shall ensure that drainage facilities will continue to
operate as designed. The Developer further agrees to maintain, or cause to be maintained, the Receiving
Waters of the Uuited States of America described in the Regional Water Quality Control Board
(RWQCB) 401 Water Quality Certification (401 Certification) for the project and contained within Lot
"B" of the Final map in accordance with the objectives of the Water Quality and Stream Morphology
Plan required by the 401 Certification, until the City accepts the Receiving Waters for maintenance by
the Village 7 open space maintenance district, or other entity approved by the City and the RWQCB.
The developer further acknowledges and agrees that the acceptance of the Receiving Waters by the City
shall be at the sole discretion of the City.
34. Condition No. 59 - (Encroachment). In satisfaction of condition No. 59 of the
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Resolution, the Developer agrees storm drain systems that collect water ITom private property shall be
designated private on grading and drainage andJorimprovement plans to the point of connection with a
public system or to the point at which storm water that is collected ITom public street right-of-way,
public park or open space areas is first introduced into the system. Developer agrees that downstream
ITom that point, the storm drain system shall be public and an encroachment pennit shall be processed
and approved by the City for private storm drains within the public right-of-way or within C.F.D.
maintained Open Space lots.
35. Condition No. 62 - (Drainage Conformance). In satisfaction of condition No. 62 of
the Resolution, the Developer agrees that all stOIIIl drain design shall COnfOIIIl to the requirements of
the Subdivision Manual and the Grading Ordinance as maybe amended from time to time.
36. Condition No. 66- (Easements). In satisfaction of condition No. 66 of the Resolution,
the Developer agrees to grant on the appropriate final "B" map a 15- foot minimum drainage and access
easement for public stOIIIl drain lines located between residential units unless otherwise directed by the
City Engineer.
37. Condition No. 67 - (NPDES). In satisfaction of condition No. 67 of the Resolution,
the Developer agrees that the development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency (USEP A) as set forth in
the National Pollutant Discharge Elimination System (N.P .D.E.S.) pennit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the
State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Pennit for
StOIIIl Water Discharges Associated with Construction Activity and shall implement a StoIIIl Water
Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post construction control measures. The
Developer, and successors in interest, shall comply with all the provisions of the NPDES and the Clean
Water Program during and after all phases of the development process, including but not limited to:
mass grading, rough grading, construction of street and landscaping improvements, and construction of
dwelling units. The Developer shall comply with the City of Chula Vista Development and
Redevelopment Projects StOIIIl Water Management Standards Requirements Manual (StOIIIl Water
Management Standards Manual) and shall design the Project's stOIIIl drains and other drainage facilities
to include Best Management Practices (BMPs) to minimize non-point source pollution, satisfactory to
the City Engineer.
38. Condition No. 80 - (Monitoring Program). In satisfaction of condition No. 80 of the
Resolution, the Developer agrees to participate and shall thereafter participate in any necessary fimding
for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City
Engineer. Developer agrees that the sewer trunk monitoring program shall include an analysis of the
remaining capacity of the Poggi CanyonJDate-Faivre sewer system and that such analysis shall
demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of
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EDU s contained in all final maps for the Project submitted to the City pursuant to the limits set forth in
the PFFP. Developer further agrees that the analysis shall include all flows, including pumped flows,
entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon
gravity basin. This requirement shall remain in effect until completion of the Rock Mountain Road
Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rock Mountain
sewer.
39. Condition No. 84 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 84 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU' s) I through 105 in Project, the Poggi Canyon Gravity Sewer DIP in effect at the
time of issuance shall be applied to each building permit. After issuance of the 105th EDU the Salt
Creek Interceptor DIP in effect at the time of issuance shall be applied to each building permit,
regardless of which sewer basin the unit is located.
40. Condition No. 8S - (parks). In satisfaction of condition No. 85 of the Resolution, the
Developer agrees that the Village Seven Project shall satisfy the requirements of the Parkland
Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance
establishes a requirement that the project provide 3 acres oflocal parks and related improvements per
1,000 residents. Local parks are comprised of community parks and neighborhood parks. The
Project's Neighborhood Park portion of the local park requirement shall be satisfied through the
dedication of parkland and the payment ofP AD fees that enable the provision of a 7.0 net useable-acre
Neighborhood Park (P-I). The remaining requirement shall be satisfied in a future Community Park
through the payment of fees, dedication ofland, or a combination thereofin a manner acceptable to the
Director of General Services. Common useable open space (CUOS) shall not receive park credit.
41. Conditions No. 89 - (Landscape and Irrigation). In satisfaction of condition No. 89
of the Resolution, the Developer, prior to the issuance of each grading permit for the Project shall
prepare, submit, and secure to the satisfaction of the Director of Planning & Building all landscape
and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current
Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time.
Developer shall install landscape and irrigation slope erosion control in accordance with approved
plans no later than six months from the date of issuance of the grading permit. If the work cannot be
completed within the specified time, the Developer may request an extension, which may be granted
at the discretion of the Director of Planning & Building. Such a request shall be submitted for
approval in writing to the Planning & Building Department sufficiently in advance of the end of the
six-month timeframe to allow processing of the extension. Notwithstanding the time ofinsta11ation of
landscape, and irrigation slope erosion control, Developer shall remain in compliance with NPDES
42. Condition No. 92 - (Walls). In satisfaction of condition No. 92 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which will adjoin
a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
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Building in order to construct transitions between adjoining walls
43. Condition No. 93 - (Landscape and Irrigation Plans). In satisfaction of condition
No. 93 of the Resolution, the Developer agrees that prior to the issuance of each street construction
pemrit for the Project, the Developer shall prepare and secure, to the satisfaction of the City
Engineer and the Director of General Services, street improvement Landscape & Irrigation Plans.
All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the
Village Seven SPA Plan, as may be amended from time to time. Developer shall install all
improvements in accordance with approved plans to the satisfaction of the Director of General
Services and the City Engineer.
44. Condition No. 96 - (Trails Transition). In satisfaction of condition No. 96 of the
Resolution, the Developer agrees that when trails extend to the property limits and are intended to
continue into an adj acent property, Developer( s) agree( s) to coordinate alignments, trail and fencing
materials and construction methods so as to provide a seamless transition from one ownership to
another.
45. Conditions No. 98 - (Regional Trails). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees with the. construction of the Wolf Canyon channel and Detention
Basins, construct a "Regional Trail" along the south side of the channel and basin from Magdalena
Avenue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village
Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as
approved by the City and as may be amended from time to time. The regional trail design shall be
suitable for H -20 loading.
46. Condition No. 99 - (Regional Trails). In satisfaction of condition No. 99 of the
Resolution, the Developer shall, concurrent with the construction of La Media Road improvements,
construct a "Regional Trail" along the east side of the street from W olfCanyon to Santa Luna Street
as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be
designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be
amended from time to time.
47. Condition No.1 03 - (Access). In satisfaction of condition No. 103 of the Resolution,
the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be
amended from time to time, developed for U.S. Architectural and Transportation Barriers
Compliance Board when designing all trails and trail connections.
48. Condition No.1 04 - (Regional Trails). In satisfaction of condition No. 104 of the
Resolution, the Developer agrees to, concurrent with the grading and improvement of Santa Luna
Street, shall design, grade and implement the construction of a 10' wide regional trail along Santa
Luna Street in conformance with the Trails Plan in the Village Seven SPA Plan as approved by the
City to the satisfaction of the Director ofGenera1 Services.
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49. Condition No. 105 - (CFD). In satisfaction of condition No. 105 of the Resolution,
the Developer agrees that in the event Developer wishes to request the formation of a Maintenance
District or similar funding mechanism, the Developer shall submit an application packet for
formation of a Community Facilities District (CFD), and submit the request for CFD formation to
the City Council for consideration. Developer acknowledges that the CFD shall be formed prior to
approval of the first "B" map for the Project and subject to the approval of the Director of Public
Works. Developer agrees to submit a list of amenities, acreage and costs for all Open Space District
lots including but not limited to the cost of any detention basin maintenance and structural storm
water quality BMP' s within the Project. Developer agrees to maintain the open space improvements
for a rninimwn period of one year or until such time as accepted into the open space district by the
Director of Public Works. Developer acknowledges that if Council does not approve the CFD
formation, another financing mechanism such as a Master Homeowners Association, or an
endowment shall be established and submitted to the City Council for consideration prior to
approval of the first map Along with submission of the application package for formation of the
CFD, Developer further agrees to submit an initial cash deposit in an amount to be determined by
the City Engineer to begin the process of formation of the Open Space District. Developer
acknowledges that all costs of formation and other costs associated with the processing of the open
space relating to this Project shall be borne by the Developer and shall provide all the necessary
information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing
the formation of the proposed open space district.
50. Condition No. 106 - (CC&Rs). In satisfaction of condition No. 106 of the
Resolution, the Developer agrees that prior to the approval of the fIrst fInal "B" Map, the
developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of
Planning and Building of the formation of a Master Homeowner's Association (MHOA), or
another fInancial mechanism acceptable to the City Manager. The MHOA shall be responsible
for the maintenance of those landscaping improvements that are not to be included in the
proposed fInancial mechanism. The City Engineer and the Director of Planning and Building
may require that some of those improvements shall be maintained by the Open Space District.
The fInal determination of which improvements are to be included in the Open Space District
and those to be maintained by the MHOA shall be made during the Open Space District
Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas
in the event the City Engineer and Director of Planning and Building require such annexation
of future tentative map areas. The MHOA formation docwnents shall be subject to the
approval of the City Attorney; and,
b. The developer shall submit for City's approval the CC&Rs, grant of
easements and maintenance standards and responsibility of the MHOAs for the open space
areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of
public open space, trails, parkways, and like areas may expose the City to liability.
Developer agrees to establish a MHOA that will hold the City harmless from any actions of
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the MHOA in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of
Planning and Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and
other items to be maintained by the proposed district. Separate lists shall be submitted for the
improvements and facilities to be maintained by the Open Space District and those to be
maintained by a Master Homeowner's Association. Include a description, quantity and cost per
year for the perpetual maintenance of the improvements. These lists shall include but are not
limited to the following facilities and improvements:
I. All facilities located on open space lots to include but not be
limited to: walls, fences, water fountains, lighting structures, paths,
trails, access roads, drainage structures and landscaping. Each
open space lot shall also be broken down by the number of acres
of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
II. The proportional share of medians and parkways along La Media
Road, Magdalena Avenue and Birch Road (onsite and off site) and
all other street parkways proposed for maintenance by the
applicable Community Facilities District or Homeowners'
Association.
Ill. The detention basin located in Wolf Canyon.
iv. All storm-water quality structural BMP's serving the Project.
51. Condition No. 108 - (CC&Rs). In satisfaction of condition No. 108 of the
Resolution, the Developer agrees that prior to the approval of each Final "B" Map, Declaration or
Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shal1 be submitted
and subject to the approval of the City Engineer. Developers further agrees that the CC&R's shall
include the following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shal1 maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain private,
ii. Other Master Association property.
b; Before any revisions to provisions of the CC&R's that may particularly affect
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the City can become effective, the revisions shall be approved by the City. The MHOA shall not
seek approval from the City of the revisions without the prior consent of 100 percent of the
holders of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnify and hold harmless the City and its agents,
officers and employee from any claims, demands, causes of action liability or loss related to or
arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent ofthe City and 100 percent of the holders
of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the property owners know
that the walls may not be modified or supplemented nor may they encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but
not the obligation to enforce the CC&R provisions the same as any owner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of 100% of all the HOA members or holder of first mortgages within
the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's
shall also include language which states that any proposal by the HOA to allow "speed bumps" in the
future shall require prior written approval of 100% of all the Homeowners Association members.
52. Condition No. 114 - (protest Formation). In satisfaction of condition No. 114 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
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for the mamtenance oflandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision.
53. Condition No. 115 - (parkways). In satisfaction of condition No. 115 of the
Resolution, the Developer acknowledges that street parkways within the Project shall be mamtamed
by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District
(CFD) and that private homeowners shall not mamtam the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
San Diego County Department of Environmental Health.
54. Condition No. 116 - (Landscape and Irrigation). In satisfaction of condition No.
116 of the Resolution, the Developer has paid cash deposit with the City which will guarantee the
mamtenance of the L&l improvements until the City accepts the improvements. Developer
acknowledges that in the event the improvements are not maintamed to City standards as determined
by the City Engineer and the Director General Services, the deposit shall be used to perform the
mamtenance and the amount of the deposit shall be equivalent to the estimated cost of mamtaining the
open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as
determined by the City Engineer. Developer agrees that any unused portion of the deposit may be
incorporated into the CFD's Reserve Account, or returned to the Developer, according to the
following:
a. If, 6 months prior to the scheduled date of acceptance of Landscape and Irrigation
improvements for mamtenance by the CFD, the Reserve Account is less than the Minimum Deposit
Amount, the difference between these two amounts shall be incorporated into the Reserve Account,
or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six
months of the maintenance period if the maintenance is being accomplished to the satisfaction of the
Director of General Services
55. Condition No. 117 - (Bond Indebtedness). In satisfaction of condition No. 117 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
shall demonstrate to the satisfaction of the City Engineer, that the assessmentsfbonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
56. Condition No. 120 - (SAMP). In satisfaction of condition No. 120 of the Resolution,
the Developer agrees that prior to approval of the first final map for the Project the Developer( s) shall
provide a Sub Area Master Plan (SAMP) for Village Seven, as approved by Otay Water District
(OWD), which will also include an analysis of recycled water for open space slopes. When the SAMP
is approved, the Developer(s) shall provide the water and recycled water improvements in accordance
with the SAMP. The SAMP shall be consistent with the SPA Plan. Ifthe SAMP is inconsistent with
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the SPA Plan, the Developer(s) shall be responsible for obtaining the approval by OWD of any
amendment to the Village Seven SAMP in order for the Village Seven SAMP to be consistent with the
approved SPA Plim prior to the approval of the first map for the Proj ect
57. Condition No. 124 - (Sign age). In satisfaction of condition No. 124 of the Resolution,
the Developer agrees to design landscape and irrigation plans such that street tree placement is not in
conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal
of any obstructions of the traffic signs to the satisfaction of the City Engineer
58. Condition No. 125 - (private Easements). In satisfaction of condition No. 125 of the
Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section
18.20.150 of the Municipal Code on any final map that proposes private utilities or drainage facilities
crossing property lines as directed by the City Engineer.
59. Condition No. 128 - (private Easements). In satisfaction of condition No. 128 of the
Resolution, the Developer agrees that where a private storm drain easement will parallel a public
sewer easement, the easements shall be delineated separately on the final map and on the grading and
improvement plans. Developer acknowledges that if any portion of the easements will overlap one
another, the City shall have a superior right to the common portion of the easements.
60. Condition No. 129 - (Subordination). In satisfaction of condition No. 129 of the
Resolution, the Developer agrees that prior to the approval of each final map for the Project, the City
Engineer may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or right-
of-way.
61. Condition No. 137 - (Supplemental Agreement). In satisfaction of condition No. 137
of the Resolution, the Developer agrees to the following:
a.
following occur:
That the City may withhold building permits for the Proj ect if anyone of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
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iii. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works Director. The
Developer agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan
(PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the final map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i., Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce the covenant by such
remedies as the City determines appropriate, including revocation of the grant upon determination by
the City of Chula Vista that they have violated the conditions of grant.
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c. That the City may withhold the issuance of building pennits for the Project,
should the Developer be detennined by the City to be in breach of any of the tenns of the Tentative
Map Conditions, this Agreement or any Supplemental Agreement. The City shall provide the
Developer of notice of such detennination and allow the Developer reasonable time to cure the
breach
e. Defend, indemnify and hold the City, its officers and it employees hannless
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
62. Condition No. 138 - (Congestion Management Plan). In satisfaction of condition
No. 138 of the Resolution, the Developer agrees to enter into an supplemental agreement with the
City prior to approval of the first [mal "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the fonnation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
63. Condition No. 139 - (previous Agreements). In satisfaction of condition No. 139 of
the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the
property.
64. Condition No. 141 - (Regional Fee Program). In satisfaction of condition No. 141
of the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the construction
of such facilities. Developer further agrees to not protest the fonnation of any potential future
regional benefit assessment district fonned to finance regional facilities.
65. Condition No. 142 - (Transit Stops). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees that prior to approval of the applicable final map for the Project,
Developer shall construct and secure, or agree to construct and secure, the construction of transit stop
facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or
determined by the City Engineer prior to approval of the aforementioned final map. Developer shall
design, subject to the approval of the City Engineer the transit stops in conjunction with the
improvement plans for the related street. The City Engineer may require that Developer provide
security guaranteeing the construction of the transit stops in a fonn of cash or any other fonn
approved by the City Engineer at his/her sole discretion. Since transit service availability may not
coincide with project development, the Developer shall install the improvements when directed by
the City.
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66. Condition No. 143 - (Mello Roos District). In satisfaction of condition No. 143 of
the Resolution, the Developer agrees that no final "B" Maps may be recorded within Village Seven
SPA area until such time that an annexable Mello Roos District, or some other financing mechanism
approved by the school district, to provide for the construction of needed elementary, middle and
high schools is established.
67. Condition No. 144 - (Transit System). In satisfaction of condition No. 144 of the
Resolution, the Developer agrees to not protest the formation of any potential future regional benefit
assessment district formed to finance the transit system.
68. Condition No. 145 - (Open Space Landscaping). In satisfaction of condition No.
145 of the Resolution, the Developer agrees that prior to the approval of any final map for the Project
that contains open space, the Developer shall enter into an agreement to construct and secure open
space landscape improvements within the map area. All landscape improvements sha11 be secured in
amounts as determined by the Director of General Services and approved in form by the City
Attorney.
69. Condition No. 146 - (Affordable Housing). In satisfaction of condition No. 146 of
the Resolution, the Developer agrees to enter into an agreement with the City ofChuJa Vista, prior to
approval of Developer's first final "B" map, regarding the provision of affordable housing. Such
agreements sha11 be in accordance with the ChuJa Vista Housing Element, the Ranch Wide
Affordable Housing Plan and the Village Seven Affordable Housing Plan.
70. Condition No. 147 - (AQIP). In satisfaction of condition No. 147 of the Resolution,
the Developer agrees to implement the final AQIP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the Air
Quality Improvement Plan (AQIP).
71. Condition No. 148 - (AQIP). In satisfaction of condition No. 148 of the Resolution,
the Developer acknowledges that the City Council may, from time-to-time, modify air quality
improvement and energy conservation measures as technologies and/or programs change or become
available. Developer agrees to modify the AQIP to incorporate those new measures upon request of
the City, which are in effect at the time, prior to or concurrent with each map approval within the
Project. Developer acknowledges that the new measures shall apply to development within all
future map areas, but shall not be retroactive to those areas, which receive final map approval prior
to effect of the subject new measures. Developer acknowledges and agrees that the City has
adopted the City of ChuJa Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as
approved per Resolution No. 2003-260 and that such guidelines as approved and as may be
amended from time-to-time shall be implemented.
72. Condition No. 149 - (WCP). In satisfaction of condition No. 149 of the Resolution,
the Developer agrees to implement the final Water Conservation Plan (WCP) measures as approved
by the City Council, and as may be amended from time to time, and to comply and remain in -
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compliance with the WCP.
73. Condition No. 150 - (WCP). In satisfaction of condition No. 150 of the Resolution,
Developer acknowledges that the City Council may, ftom time-to-time, modify water conservation
measures as technologies and/or programs change or become available. Developer shall modify
the WCP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each map approval within the Project. Developer acknowledges
that the new measures shall apply to development within all future map areas, but shall not be
retroactive to those areas, which receive final map approval prior to effect of the subject new
measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No.
2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
74. Condition No. 151 - (Utilities). In satisfaction of condition No. 151 of the
Resolution, the Developer agrees to install all public facilities in accordance with the Village
Seven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management
Threshold standards adopted by the City and that the City Engineer may modify the sequence of
improvement construction should conditions change to warrant such a revision. The Developer
further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management Ordinance) as may be amended from time to time by the City. Developer
acknowledges that the Chapter includes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures
(19.09.100).
75. Condition No. 152 - (Utilities). In satisfaction of condition No. 152 of the
Resolution, the Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
76. Condition No. 156 - (GMOC). In satisfaction of condition No. 156 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the following: (1)
fund a fair share of the preparation of an annual report monitoring the development of the
community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter ofthe following fiscal year. The annual report shall adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) prepare a five year
development phasing forecast identifying targeted submittal dates for future' discretionary
applications (SPA's and tentative maps), projected construction dates, corresponding public
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facility needs per the adopted threshold standards, and identifying financing options for necessary
facilities.
77. Condition No. 157 - (Project Manager). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees to retain a project manager to coordinate the processing of
discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that the project manager shall establish a fonnal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. Developer further agrees that
project manager shall have a well-rounded educational background and experience, including but
not limited to land use planning and architecture.
78. Condition No. 158 - (Permits). In satisfaction of condition No. 158 of the
Resolution, the Developer agrees that if Developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the applicable final "B" Map, they may
do so by obtaining the required approvals and permits from the City. Developer acknowledges
that the permits can be approved or denied by the City in accordance with the City's Municipal
Code, regulations and policies and the permits do not constitute a guarantee that subsequent
submittals (i.e., final "B" Map and improvement plans) will be approved. Developer
acknowledges that all work performed by the Developer prior to approval of the applicable "B"
Map shall be at the developers own risk and that prior to permit issuance, the Developer shall
acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans)
may require extensive changes, at developers cost, to work done under such early permit.
Developer agrees to post a bond or other security acceptable to the City in an amount determined
by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not
record.
79. Condition No. 159 - (Phasing). In satisfaction of condition No. 159 of the
Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning and Building and the City Engineer and
that the PFFP shall be revised where necessary to reflect the revised phasing plan.
80. Condition No. 160 - (phasing). In satisfaction of condition No. 160 of the
Resolution, the Developer agrees that ifphasing is proposed within an individual map or through
multiple final maps, to shall submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning and Building prior to approval of any final map.
Developer agrees that the improvements, facilities and dedications to be provided with each phase
or unit of development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the right to require the improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire
departments. The City Engineer and Director of Planning and Building may, at their discretion,
modifY the sequence of improvement construction should conditions change to warrant such a
revision. Developer further agrees that the City Engineer may change the timing of construction
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of the public facilities.
81. Condition No. 161-(pFFP). In satisfaction of condition No. 161 of the Resolution,
the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to
for the SPA and tentative maps with improvements installed by Developer in accordance with the
plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the location and rate
of development within and outside of the Project area. Throughout the build-out of Village Seven
SPA, actual development may differ from the assumptions contained in the PFFP. Neither the
PFFP nor any other Village Seven SPA Plan document grant the Developer an entitlement to
develop as assumed in the PFFP, or limit the Village Seven SPA's facility improvement
requirements to those identified in the PFFP. Compliance with the City ofChula Vista threshold
standards, based on actual development patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govem Village Seven SPA development patterns and
the facility improvement requirements to serve such development. In addition, the sequence in
which improvements are constructed shall correspond to any transportation phasing plan or
amendment to the Growth Management Program and Ordinance adopted by the City. The City
Engineer and Director of Planning and Building may, at their discretion, modify the sequence,
schedule, alignment and design of improvement construction should conditions change to warrant
such a revision.
82. Condition No. 163 - (Municipal Code). In satisfaction of condition No. 163 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code and that preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the CityofChula Vista Subdivision Ordinance and
Subdivision Manual. Developer further agrees to underground all utilities within the subdivision
in accordance with Municipal Code requirements.
83. Condition No. 164 - (Fees). In satisfaction of condition No. 164 of the Resolution,
the Developer agrees to pay the following fees, as applicable, in accordance with the City Code
and Council Policy:
1. The Transportation and Public Facilities Development Impact Fees.
J. Signal Participation Fees.
k. All applicable sewer fees, including but not limited to sewer connection fees.
I. Interim SR-125 impact fee.
m. Poggi Canyon or Salt Creek Sewer Basin DIP as applicable.
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Developer agrees to pay the amount of the fees in effect at the time of issuance of building
permits.
84. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate the compliance as
required by the City Engineer.
85. Condition No. 166 - (Notice of Special Taxes). In satisfaction of condition No. 166 of the
Resolution, the Developer agrees to ensure that prospective purchasers sign a ''Notice of Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments.
86. Condition No. 167 - (Compliance). In satisfaction of condition No. 167 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. The chapter includes but
is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
87. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9, 10, 11, 12,
14,16,18,20,21,22,23,26,28,29,30,31,40,44,48,50, 51, 52, 54, 57, 59, 62, 66, 67, 80, 84,
85,89,92,93,96,98,99,103,104,105,106,108,114,115,116, 117, 120, 124, 125, 128, 129,
137,138,139,141,142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 156, 157, 158, 159,
160, 161, 163, 164, 165, 166, and 167 of the Resolution. Developer further understands and
agrees that some of the provisions herein may be required to be performed or accomplished prior
to the approval of other final maps for the Project, as may be appropriate.
88. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision
Map, established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
89. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
90. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
should the Developer be determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure the breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defined herein if the required public
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facilities for the Otay Ranch Village 7 SPA Plan, as defined in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to
the satisfaction of the City. Nothing in this condition is intended to modify, waive, or amend
paragraph 10 (Condition; 9, General Preliminary) of this Agreement.
91. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shaH be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of such change to
the other party.
CTIY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Otay Project, LP
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Ranie Hunter
Fax: (619) 234-4088
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended
to supersede or amend any other agreement between the parties unless expressly noted.
Amendments to this Agreement must be in writing and approved by the representatives.
d. Preparation of Agreement. No inference, assumption or presumption shall be
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drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and! or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
Manager in his/her sole discretion detennines that such an assignment will not adversely affect the
City's interest. The City Manager in his/her sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest in place and instead of the original
securities described herein so long as such substituted securities meet the criteria for security as
set forth elsewhere in this agreement. Such assignment will be in a form approved by the City
Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to a judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN "A"
MAP]
CITY OF CHULA VISTA
Stephen C. Padilla,
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
,2005
DATED:
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
29
15-49
[[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN "A"
MAP]
DEVELOPERS/OWNERS:
OTA Y PROJECT L.P.,
A California limited partnership,
BY: OTAYPROJECT,LLC,
a California limited liability company,
its General Partner,
BY: OTA Y RANCH DEVELOPMENT, LLC.
a Delaware limited liability company,
its Authorized Member,
~
By:
Title: V~ ~.A:.~
(ATTACH NOTARY ACKNOWLEDGMENTS)
30
15-50
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of .-::;a", -D ~~D
} ss.
State of California
~~- - - - :~~9:a~ t
~ _ ' NoIaIV PublIC - Call1omla ~
% · San DIegO County
i _ _ _ ~~m!,~e:~13~2~i
before me, Mal'"v L.b~ NaIoru DlAb\l<..
A d.~V\ Name and Tillegf cnbr (e.g., "Jaml ~ ~bIc:")
Nanw(I}alSlgner(lIj
IYPersonally known to me
D proved to me on the basis of satisfactory
evidence
on~~~/~-
personally appeared ICen +
to be the persan~ whose name(sj is/.....-
subscribed to the within instrument and
acknowledged to me that heJsh~h~) exacuted
the same in hisl~ir authorized
capacity(i&6), and that by hisfl>a<.llkeir
signatur$) on the instrument the person(ij, or
the entity upon behalf of which the person(.y-
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may provs valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s}:
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer Is Representing:
C 1999 Nation. Notary AssocIatlCln. 9350 O. SCJtoAVII., P.O. Box 2402' Chatswontl, CA 91313.2402' _.nationalnolaly.org
Prod. No.59C7
ReonIer.CallTOI-Free1-800-87B-6827
15-51
List of Exhibits
Exhibit A
Exhibit B
Legal Description of Property
Security
15-52
EXHIBIT "B"
SECURITY
CHULA VISTA TRACT NO. 05-09
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP
Improvements Improvements Bond Reference
Cost Nwnber
Landscape and hrigation for $3,840,461.20 SU015626
Otay Ranch Village Seven
15-53
EXHIBIT A
LEGAL DESCRIPTIONS
OTAY RANCH VILLAGE SEVEN
Portion of subdivision of a portion of Parcel 6 of Parcel Map 18471, in the City of Chula Vista,
County of San Diego, State of California, filed in the Office of the County Recorder of San
Diego County, on May 10, 2000, as File No. 2000-024106, O.R.
15-54
COUNCIL AGENDA STATEMENT
Item f fa
Meeting Date: 9/13/05
ITEM TITLE:
Resolution Establishing the "Dixon Drive Between Naples
Street and Oxford Street in the City of Chula Vista, California (STL-302)"
capital improvement project and approving a budget transfer from the
existing Southwestern Chula Vista Street Improvements Project (STL-
306) necessary to complete the project, accepting bids and awarding
contract for the "Dixon Drive Between Naples Street and Oxford Street in
the City ofChula Vista, California (STL-302)" Project.
SUBMITTED BY: Director of General service~~
REVIEWED BY: City Manager j ~ pR
(4/Sths Vote: Yes..xNo->
On August 31, 2005, the Director of General Services received sealed bids for the "Dixon Drive
Between Naples Street and Oxford Street in the City of Chula Vista, California (STL-302)"
Project. The work to be done consists of the sidewalk improvements and related street work
along Dixon Drive from Naples Street to Oxford Street in the City ofChula Vista. The work also
includes all labor, material, equipment, transportation, protection and restoration of existing
improvements and traffic control necessary for the project as shown on the drawings.
RECOMMENDATION: That Council authorize the establishment of the "Dixon Drive
Between Naples Street and Oxford Street in the City of Chula Vista, California (STL-302)"
capital improvement project and approve a budget transfer from the existing Southwestern Chula
Vista Street Improvements Project (STL-306) necessary to complete the project accept bids and
award a contract in the amount of$574,433.75 for the construction of the "Dixon Drive Between
Naples Street and Oxford Street in the City of Chula Vista, California (STL-302)" Project to
Scheidel Contracting and Engineering Inc.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Southwestern Chula Vista Street Improvements (STL-306) project is an existing CIP
established in FY 04/05 and is programmed for streets in western Chula Vista in need of
improvements. The establishment of a new capital improvement project, Dixon Drive, between
Naples Street and Oxford Street in the City of Chula Vista, California (STL-302), will be
comprised of street improvements for that location. The total budget for the Southwestern Chula
Vista street improvement program is $1,662,831 from the Jobs to Housing Balance (JHB) Grant.
STL-302 will utilize $890,256 of the JHB ftmds. The remaining ftmds are anticipated to fund the
street improvements on Tobias from Naples to Oxford when staff returns to Council for approval
of that contract.
16-1
Page 2, Item
Meeting Date: 9/13/05
The general scope of the project involves the excavation and grading, removal and disposal of
existing improvements, installation of AC pavement, crushed aggregate base, curb, gutter,
sidewalk, driveways, drainage improvements, pedestrian ramps, cold planing, saw cutting, cross
gutter, street lighting, pavement striping and marking. The project will also construct missing
street improvements, including curb, gutter, sidewalk and driveways along Dixon Drive between
Naples Street and Oxford Street.
The work also includes all labor, materials, equipment, transportation, protection of existing
improvements and traffic control necessary for the project and other work necessary to perform
the new improvements complete and workable.
On August 31, 2005, Design Staff received and opened bids fi:om three contractors for the
construction phase:
CONTRACTOR BID AMOUNT
l. Scheidel Contracting and Engineering Inc. $574,433.75
2. HeIDer Company Inc. $895,311.51
3. Portillo Concrete Inc. $948,240.00
The low bid by Scheidel Contracting and Engineering Inc. of $574,433.75 is $98,447.25 (15%)
below the Engineer's estimate of $672,881.00. The Engineer's estimate was based on average
prices for similar types of work completed during the last three years. Staff has reviewed the low
bid and recommends awarding a contract in the amount of $574,433.75 to Scheidel Contracting
and Engineering, Inc.
Design staff has verified the references provided by the contractor and has found their work to be
satisfactory. Scheidel Contracting and Engineering, Inc. has also completed several CIP projects
for the City with satisfactory results. The Contractor's License No. 730583 is current and active.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment A.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proj ect qualifies for a
Class 1 categorical exemption pursuant to Sections 15301(c)(d) of the State CEQA Guidelines.
Thus, no further environmental review is necessary.
Wage Statement
Contractors bidding on this project were required to pay prevailing wages to persons employed
by them for work under this project. No special minority or women owned business requirements
16-2
Page 3, Item
Meeting Date: 9/13/05
were necessary as part of the bid docwnents. However, the "Notice to Contractors" was sent to
various trade publications in order to encourage disadvantaged businesses to bid on the project.
Fiscal Impact
FUNDS REQUIRED FOR THE PROJECT
A. Construction Contract Award Amount (Scheidel Contracting and $574,433.75
Engineering Inc.)
B. Sweetwater Authority (City Share of Water Facilities Relocation $21,088.00
Costs)
C. Contingencies (approximately 10% of construction costs) $57,434.00
D. City Staff Costs (Environmental, Design, Survey, Construction $200,300.00
Inspection)
E. City Oversight (ie: Soils Testing, Admin Costs) $37,000.25
TOTAL FUNDS REQUIRED FOR PROJECT $890,256.00
FUNDS AVAILABLE FOR THE PROJECT
A. Transfer in ITom Southwestern Chula Vista Street Improvements $890,256.00
Project (STL-306)
TOTAL FUNDS AVAILABLE FOR PROJECT $890,256.00
There is no fiscal impact to the general fund as the funds for this proj ect will be provided for by
the JHB grant.
Attachments:
1 - Contractor's Disclosure Statement
l:\General Services\GS Administrarion\Council Agenda\STL-302 Dixon Drive Assessment Dist\STL302 Dix.on Drive Award A 113 Rev 090605.doc
16-3
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or fmancial interests, payments, or campaign contributions for a City of Chu1a Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4.
Please identify every person, including any agents, employees, consultants,
actors you have assigned to represent you before the City in this matter.
e.
or independent
\"t:::.~
5. Has any person" associated with this contract had any fmancial dealings with an official"" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No ..---
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
17
16-4
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? NoiL. Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No V
If Yes, which official** and what was the nature of item provided?
Date: ~-~\-~
,
,
ctor! pp icant
Carolyn E. 'del, President
Print or type name of Contractor! Applicant
*
Person is defined as: any individual, finn, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
18
16-5
CITY OF CHULA VISTA
GENERAL SERVICES DEPARTMENT \ DESIGN
COST ESTIMATE
PROJECT TITLE:
STREET IMPROVEMENTS ON DIXON DRIVE
--:~~~f~EE~-,N~~.~~'i_~_T~~_~j' .~NP=9.~~q.FfD-'S~,~~~T~.'-'--~'-'-
PROJECT NUMBER:
DATE,
PREPARED BY:
CHECKED BY:
STL-302
JUNE 3, 2005
CesAR MAGBUHA T
J. MONEDA
..--.-.-_._--
1 ASPHALT LONCREtE
"') 1100 TONS $110.00 $121,000.00
2 IMPORTED SOIL 100 CY $"0.00 $4,000.00
3 CRUSHED AGGREGATE BASE (II') 2725 TONS $"5.00 $122,625.00
4 f.e.c. MONOLITHIC CURB, GUTTER B SIDEWALK 2507 LF $60.00 $150,420.00
5 P.C.c. SLAB, 6'(DRIVEWAY) 12161 5F $11.00 $133,771.00
6 p.e.c. SLAB, 6' (CROSS GUTTER) 770 SF $12.00 $9,240.00
7 p.e.c. SLAB, 4' (WALKWAY) 50 SF $9.00 $450.00
8 PEDESTRIAN RAMP PER CVCS-25 MOD. 2 EA. $5,000.00 $10,000.00 ,
9 CURB INLET, TYPE B CVCS-25, L=.6' 2 EA. $7,000.00 $14,000.00
10 SEwER MANHOLE PER SDRSD $-2 ,; EA. $5,000.00 $15,000.00
11 8" PVC PIPE ,,0 LF $100.00 $4,000.00 I
12 REPLACE LATERAL CONNECTION " EA. $4,000.00 $20,000.00 ~
13 ADJUST TO GRADE EXIST. SEWER MANHOLE 3 EA. S2,000.00 I $6,000.00
14 REMOVE EXIST. 24' DIA. TREE j EA. $1,000.00 $1,000.00
15 REMOVE EXIST. 20' DIA. TREE I EA. $1,000.00 $1,000.00
16 REMOVE EXIST. 18' DIA. TREE 3. EA. $1,000.00 $3,000.00
17 REMOVE EXIST. 8' DIA. TREE 2 EA. $800.00 $1,600.00
18 REMOVE Be RE-PLANT EXIST. 10' PALM TREE j EA. $1,000.00 $1,000.00 '
BLOCKWALL FENCE, 2'HIGH, INCLUDING 5' HIGH COLUMN ,
I
19 (1157~59 DIXON DR.) 10 LF $100.00 $1.000.00
20 BLOCKWALL FENCE, 2.5'HIGH (1118 DIXON DR.) 45 LF $50.00 $2,250.00 1
BLOCKWALL(COLORED) FENCE, .3' HIGH WITH DECORATIVE
21 BLOCKS ON TOP (1148 DIXON DR.) 40 LF $60.00 $2,400.00 j
NATURAL SLUMP BLOCKWALL, 4' HIGH wI IRON FENCE ON j
22 TOP (1134 DIXON DR) 50 LF $80.00 $4,000.00 i
23 BLOCKWALl FENCE, 3' HIGH (1128 DIXON DR) "5 LF $50.00 $2,250.00
BLOCKWALL FENCE, 4' HIGH WITH DECORATIVE BLOCKS ON
24 TOP (1133 DIXON DR.) "5 LF $50.00 $2,250.00
25 CHAIN LINK FENCE, 3' HIGH 210 LF $40.00 $8,400.00 ,
RELOCATION Of EXIST. .3' HIGH IRON GATE(1134 DIXON
2S DR) I EA. $1,000.00 $1,000.00
27 STRIPING Be RAISED MARKERS 7" LF $5.00 $375.00 '
PAVEMENT MARKINGS (STOP LIMIT LINE, LEGENOS~
28 THERMOPlASTIC) 85 SF $10.00 $8S0,00
29 TRAFFIC CONTROL I LS $30,000.00 $30,000.00 I
"
" ALTERNATE BID ITEM
32 BIOLOGICAL CONSULTANT I LS $9,000.00 $9,000.00
33 SIDEWALK UNOERQRAIN PIPE, PER SDRSD D~27 2 EA. $2,000.00 $4,000.00,
"
35
"
NOTES:
16-6
09/0112005
stl-302-WRK.PLN_COSTEST -final-4.xls
RESOLUTION NO. 2005-_
RESOLUTION ESTABLISHING THE "DIXON DRIVE
BETWEEN NAPLES STREET AND OXFORD STREET
IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-
302)" CAPITAL IMPROVEMENT PROJECT AND
APPROVING A BUDGET TRANSFER FROM THE
EXISTING SOUTHWESTERN CHULA VISTA STREET
IMPROVEMENTS PROJECT (STL-306) NECESSARY
TO COMPLETE THE PROJECT, ACCEPTING BIDS
AND AWARDING A CONTRACT FOR THE "DIXON
DRIVE BETWEEN NAPLES STREET AND OXFORD
STREET IN THE CITY OF CHULA VISTA,
CALIFORNIA (STL-302)" PROJECT.
WHEREAS, staff recommends Jobs to Housing Funds be allocated to the
establishment of a capital improvement project "Dixon Drive between Naples Street and
Oxford Street in the City of Chula Vista, California" (STL-302) by transferring an
amount of $890,256 rrom the existing Southwestern Chula Vista Street Improvements
Project (STL-306); and
WHEREAS, City staff has prepared specifications for the "Dixon Drive between
Naples Street and Oxford Street in the City ofChula Vista, California" (STL-302) project
and advertised the project; and
WHEREAS, On August 31, 2005, the Director of General Services received and
opened sealed bids rrom three contractors for the construction phase of the "Dixon Drive
between Naples Street and Oxford Street in the City of Chula Vista, California" (STL-
302) project; and
CONTRACTOR BID AMOUNT
I. Scheidel Contracting and Engineering Inc. $574,433.75
2. Heffler Company Inc. $895,311.51
3. Portillo Concrete Inc. $948,240.00
WHEREAS, the low bid by Scheidel Contracting and Engineering, Inc. of
$574,433.75 is $98,447.25 (15%) below the Engineer's estimate of$672,881.00; and
WHEREAS, based on average prices for similar types of work completed during
the last three years, and upon review, staff recommends awarding the contract in the
amount of$574,433.75 to Scheidel Contracting and Engineering, Inc.; and
WHEREAS, the work to be done consists of the sidewalk improvements and
related street work along Dixon Drive rrom Naples Street to Oxford Street in the City of
Chula Vista; and
16-7
WHEREAS, staff has verified the references provided by the contractor and their
work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and is recommending awarding the
contract to Scheidel Contracting and Engineering Inc; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has
determined that the project qualifies for a Class I categorical exemption pursuant to
Sections 15301 (c)(d) of the State CEQA Guidelines; and
WHEREAS, there are sufficient funds held by the City to fully offset all costs
associated with the construction of this project, with no impact to the General Fund.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula
Vista does hereby authorize the establishment of a capital improvement project "Dixon
Drive between Naples Street and Oxford Street in the City of Chula Vista, California"
(STL-302), and appropriating Jobs to Housing Funds for the project.
.
BE IT FURTHER RESOLVED, that the City Council of the City ofChula Vista
does hereby award a contract in the amount of $574,433.75 for the construction of the
"Dixon Drive Between Naples Street and Oxford Street in the City of Chula Vista,
California (STL-302)" Project to Scheidel Contracting and Engineering, Inc.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
t(
J:\Gencral Serviccs\GS Administration\Counci1 Agenda\STL-302 Dixon Drive Assessment Dist\STLJ02 Dixon Drive Rev Reso 090605.doc
2
16-8
COUNCIL AGENDA STATEMENT
Item
Meeting Date:
17
9/13/05
ITEM TITLE:
Resolution Appropriating TDAlTransNet Bicycle-Pedestrian
funds in the amount of $88,300 to the "Castle Park Elementary Sidewalk
Improvements, South Side of Naples Street ITOm Alpine Avenue to 200'
East of Tobias Drive, East Side of Tobias Drive ITom North of Orlando
Court to Gentry Way in the City of Chula Vista, California (STL-287)"
Proj ect as necessary to complete the proj ect.
SUBMITTED BY:
Director of General servic. es ~ M-
d/ 0-"
City Manager (/1 y- yl;
(4/5ths Vote: Yes-XNo->
REVIEWED BY:
On June 24, 2005, the SANDAG Board of Directors approved the Bicycle-Pedestrian working
group's recommendations regarding the funding of projects in FY 2006 and of those projects
listed, the "Castle Park Elementary Sidewalk Improvements, South Side of Naples Street ITom
Alpine Avenue to 200' East of Tobias Drive, East Side of Tobias Drive ITom North of Orlando
Court to Gentry Way in the City ofChula Vista, California (STL-287)" Project was approved for
$88,300.
RECOMMENDATION: That Council authorize the appropriation of TDAlTransNet Bicycle-
Pedestrian funds in the amount of $88,300 to the "Castle Park Elementary Sidewalk
Improvements, South Side of Naples Street ITom Alpine Avenue to 200' East of Tobias Drive,
East Side of Tobias Drive ITom North of Orlando Court to Gentry Way in the City of Chula
Vista, California (STL-287)" Project as necessary to complete the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The "Castle Park Elementary Sidewalk Improvements, South Side of Naples Street ITom Alpine
Avenue to 200' East of Tobias Drive, East Side of Tobias Drive ITom North of Orlando Court to
Gentry Way in the City of Chula Vista, California (STL-287)" project was awarded by
Resolution 2005-258 and is currently underway. With the award of the contract, the TDA funds
were accounted for in the budget however, staff inadvertently did not include the appropriation of
this recent allocation to the project. At this time staff is requesting the appropriation of said
funds in the amount of $88,300 to the project.
FISCAL IMPACT: The project is eligible and approved for TDAlTransNet Bicycle-Pedestrian
funds, thus there is no impact to the General Fund.
Attachment(s):
FY2006 TDAlTransNet Allocations Letter and Table
M:\General Services\GS Administration\Counci1 Agenda\STL.287\STL287-Al13 IDA Funds.doc
17-1
(~DAG
401 B Street, Suire BOO
San Diegc, CA 92 10 7 - 42 3 I
(679) 599-7900
Fax (679) 699-1905
\M.iII\N: sand.ag. or9
"~EMBER AGENCIES
Cit.'E'S of
Carlsbad
("uta vhTa
Coronado
De! ,\1ar
EICajo,.,
EnClr1ltas
Escor:dld:::J
Impena! Beach
LaMeSF!
Lemon GrOIJ€
Natronal City
OceanSloe
Pm.'\/;w
San Dle':}o
Sa" Marro,>
Santee
5,I~na BpQch
Vista
3"d
Ccur:ry of Sa" Diego
ADVrSORY fllfEMBERS
Im,:en;;:1 County
C,JI/fr)'nta OeparTme'l r
~'f Transpo.-7atran
t~'t>!FJp~il(af) Ifans.r <;ysrem
Nonn San !liego County
Transit ge'l€lopmen/ Soard
Unlr'2d SUtes
DeCJf~m&f",t or De/e:is€'
SaT. Diego
Ur.lfied Pcrr vlsrrcr
<:an Diego County
Warer A LJlhOflty
:V1~xir:o
Tn
July 20, 2005
File Number 3000800
TO:
FY2006 Nonmotorized Funds Claimants
Chris Kluth C~
FY2006 TDA/TransNet Allocations
FROM:
SUBJECT:
At its June 24, 2005 meeting, the SANDAG Board of Directors approved the Bicycle-
Pedestrian Working Group's recommendations regarding the funding of projects
in FY 100E. A copy of th'C adcpted resotution \vith th~ 1i:;t of projects i:; attacneu.
Please review the list and make note of the funding ,ource your project{s) received
as well as the Project Claim Number which you will need to complete your claim
forms. Transportation Development Act claims are identified by the claim number
in the attached resolution. Please refer to this number in any correspondence
about the clai m. You should refer to TransNet-funded projects by the project
name/location and the year for which the funding was approved.
Payments against these claims are available now by filling out a Payment Request
form. A copy is attached. In addition, I will be sending grant recipients an
electronic copy of the form, which may be returned to SANDAG via e-mail. When
requesting a payment, please bear in mind these limitations:
. Funds for construction projects are paid in two increments. Design funds. as
identified in your claim, will be paid when work on the project commences.
Construction funds will be paid once 'tne projects' costs are known through the
awarding of a construction contract or other means. For large projects wlth
constructIon schedules longer than one year, please request paymen.t of funds
in annual increments. Simple signing and striping projeds or low-cost paving
projects may be paid in one full increment provided you can demonstrate that
the project is moving forward an.d will need the cash. Payments for studies may
be made at the commencement of the work or as needed. Please identify the
current project phase and schedule when requesting payments.
. IDA payments are normally scheduled on 'the 20th of the month. Please allow
two weeks for us to notify the County Auditor if you need funds from the next
available payment. A letter must be transmitted to document your request.
. TransNet funds are paid via wire transfer on the 5th of the month. Please notify
me one week prior to the payment date.
Be sure to contact your finance department about SANDAG's action 50 they may
properly account for the funds awarded. Doing '0 now will help to ensure that the
finance department charges eligible project costs appropriately, and it will simplify
the final audit once you comple'te the project.
If you have questions about the funding for your project(s), you may contact me a't
(619) 699-1952 or via e-mail at ckl@sandag.org.
Attachments
17-2
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17-3
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RESOLUTION NO. 2005-XXX
RESOLUTION APPROPRIATING TDAlTRANSNET
BICYCLE-PEDESTRIAN FUNDS IN THE AMOUNT OF
$88,300 TO THE "CASTLE PARK ELEMENTARY SIDEWALK
IMPROVEMENTS, SOUTH SIDE OF NAPLES STREET FROM
ALPINE A VENUE TO 200' EAST OF TOBIAS DRIVE, EAST
SIDE OF TOBIAS DRIVE FROM NORTH OF ORLANDO
COURT TO GENTRY WAY IN THE CITY OF CHULA VISTA,
CALIFORNIA (STL-287)" PROJECT, AS NECESSARY TO
COMPLETE THE PROJECT.
WHEREAS, on June 24, 2005, the SANDAG Board of Directors approved the Bicycle-
Pedestrian Working Group's recommendations regarding the funding of Transportation
Development Act ("TDA")/TransNet Non-Motorized Projects for Fiscal Year 2006; and
WHEREAS, one of the projects recommended was the "Castle Park Elementary
Sidewalk Improvements, South Side of Naples Street rrom Alpine Avenue to 200' East of Tobias
Drive, East Side of Tobias Drive trom North of Orlando Court to Gentry Way in the City of
Chula Vista, California (STL-287)" Project (the "Project"); and
and
WHEREAS, the Project was awarded by Resolution 2005-258 and is currently underway;
WHEREAS, the Project, identified as TDA Claim No. 06001001, was approved for
$88,300 in TDAlTransNet Non-Motorized Projects Funds; and
WHEREAS, with the award of the Project, the TDAlTransnet funds were accounted for
in the budget but the funds were not appropriated to the Proj ect; and
WHEREAS, staff is requesting the appropriation of $88,300 trom the TDAlTransnet fund
to the Proj ect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the appropriation of $88,300 trom the TDAlTransNet Bicycle-
Pedestrian fund to the "Castle Park Elementary Sidewalk Improvements, South Side of Naples
Street trom Alpine Avenue to 200' East of Tobias Drive, East Side of Tobias Drive trom North
of Orlando Court to Gentry Way in the City of Chula Vista, California (STL-287)" Project, as
necessary to complete the Project.
17-4
Resolution
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute all documents, for and on behalf of the City of Chula Vista, as
may be necessary to carry-out the intent and purpose of this Resolution.
Presented by
Approved as to form by
Jack Griffin
General Services Director
0~
J:\Attomey\JillMlResolution - STL28? TDA Funds.doc
17-5
COUNCIL AGENDA STATEMENT
/'7
Item J
Meeting Date 9/13/05
ITEM TITLE:
Resolution Approving three agreements with Boyle
Engineering Corporation, Lintvedt McColl & Associates, and Hunsaker &
Associates San Diego Inc. for Professional Land Surveying Consulting
Services for land surveying required for various Capital Improvement
Program (CIP) projects development during the design and construction
phases.
SUBMITTED BY:
Director of General Services ~ Jd--
City Manager 11 ~t yr::
(4/5ths Vote: Yes_NoL)
REVIEWED BY:
Due to the current pace of numerous CIP projects, development in the "Eastern Territories," and
the proposed large infrastructure fmancing program in western Chula Vista (Montgomery), the
City has identified the need to enlist qualified consultants to assist City land surveying staff.
RECOMMENDATION: That Council adopt the resolution approving three agreements with
Boyle Engineering Corporation, Lintvedt McColl & Associates, and Hunsaker & Associates San
Diego Inc. for Professional Land Surveying Consulting Services for land surveying services
required for various Capital Improvement Program (CIP) projects during the design and
construction phases.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BACKGROUND
Survey Services staff consists of 3 full time staff and two on-call Surveying Consultants. Prior to
reorganizing Survey staff in General Services & Engineering Departments, the Survey Section
staff consisted of 6 full time staff, two interns, and two on-call Surveying Consultants that
provided full service land surveying services for general maintenance and all CIP and Land
Development projects. Those tasks and services include:
. Topographic engineering design field surveys and map drafting.
. Sub Division & Parcel Map checking for new land development projects.
. Monument inspection for new land development projects.
. Control surveys, both conventional and GPS, including calculations and map preparation.
. Construction staking, including field staking and preparation of staking calculations.
. Monument preservation including research, tie outs, resets, and preparation of corner
records and/or record of surveys.
. Response to dig alerts for City projects and emergency repairs.
18-1
Page 2, Item
Meeting Date 9/13/05
On October 9,2001 City Council adopted Resolution 2001-342 approving a 2 year, with optional
Two I-year extension agreements with Hunsaker & Associates, San Diego, Inc. and Lintvedt,
McColl & Associates to provide Professional Land Surveying Services, which would augment City
survey staff. Since the implementation of the agreements, these services have billed $591,074
(Attachment 1). Currently, the agreements are in the final one year extension and will soon expire.
Also, survey services are included in several developer funded projects, such as the 1-805-
Telegraph Canyon widening and Olympic Parkway Interchange Improvement
On December 17, 2002 City Council adopted Resolution 2002-518 approving a Real Property
position to perform a variety of real property related services including the acquisition of Right of
Way for all City projects and manage the City's real estate. This position would primarily provide
services to Engineering, Community Development and General Services. Our survey services are
also essential in supporting real property transactions.
JUSTIFICATION FOR ON-CALL CONSULTANTS
It is critical that the right of way engineering, topographic engineering design surveys, monument
preservation and construction surveying work for existing and future CIP projects be performed in
a timely manner so that construction is not delayed. Staff has determined that it would be more
responsive and efficient to secure the assistance of land surveying consultants on an as-needed
basis for the following reasons:
1. We anticipate that the pace of CIP projects and land development will continue for the
next few years. Some of the large CIP design projects are: Pavement Overlay Program,
Sidewalk Replacement Program, Sewer Rehabilitation Program, American Disabilities
Act Curb Ramp Program, Castle Park Assessment Districts, Otay Lakes Widening, and
Emerson Street Storm Drain. This workload will increase the need for the equivalent of
at least about 1.0 persons per year.
2. Construction of the City's CIP projects are currently set to proceed at a very fast pace, and
the land surveying staff will be able to work without delay.
3. The City made commitments to provide infrastructure improvements for western Chula
Vista that will take significant effort to plan, fund, and construct. This workload will
increase to the equivalent of about 0.5 persons per year.
4. We anticipate that the Real Property Management and Community Development projects
will increase the need for land surveying services. This workload will increase the need
for the equivalent of approximately 0.5 persons per year.
In order to maintain a sufficient level of work to complete the above aggressive CIP program and
still maintain our other routine efforts, there are essentially two options. The first would be to
increase City staff or utilize outside consultants. Staff recommends the use of outside consultants
as the level of work will fluctuate from time to time which could cause difficulties if we
exclusively utilize City staff. Also, the upfront capital cost to equip additional field crews with
18-2
Page 3, Item
Meeting Date 9/13/05
up-to-date equipment is substantial. The use of outside consultants is a more efficient and cost
effective way to handle the additional work we anticipate.
CONSULTANT SELECTION PROCESS
In late April 2005, an RFP was sent to several firms that staff felt are qualified to provide these
services. The RFP was also advertised in the Star News and in the San Diego Daily Transcript to
obtain the highest number of qualified respondents. Proposals were received May 19, 2005 from 11
consulting firms qualified to provide professional land surveying services.
It is anticipated that the contract amount for these services will be in excess of$50,000. In accordance
with City ordinances and policies, the City Manager authorized the following people to act as a
selection committee to evaluate the proposals, prepare a list ranking the responding firms, and submit a
recommendation to the Director of General Services:
Jose Luis Gomez, Land Surveyor, General Services-Survey Services
JeffMoneda, Civil Engineer, General Services- Design
Muna Cuthbert, Civil Engineer, Public W orks- Construction Inspections
The selection committee evaluated and ranked the proposals. The ranking was based on an
evaluation criteria that included the following; the consultant's experience, the capacity to perform
the work, the quality of the management team, the grasp of the project requirements,
responsiveness to the scope of work, the quality and clarity of the proposal, familiarity with the
local area and the cost proposal.
Four firms were selected for interviews in July 2005:
Boyle Engineering Corporation
Hunsaker & Associates, San Diego, Inc.
Lintvedt, McColl & Associates
Proj ect Design Consultants
Upon the conclusion of the consultant interviews and deliberations by the consultant selection
committee, the committee reached a decision on the ranking of the consultants. Boyle engineering
Corporation, Hunsaker & Associates, San Diego, Inc. (Hunsaker) and Lintvedt, McColl &
Associates (LMA) were selected as the three top ranking firms. Fee schedules and contract details
have been successfully negotiated.
The terms of these contracts are on an hourly rate with a limitation of $500,000 without further
authorization. It is the selection committee's belief that these firms will spend approximately the
same number of staff hours to complete these projects. Based on their knowledge of the area and
the issues and in conjunction with the rates, it was the selection committee's opinion that Boyle
Engineering Corporation, Hunsaker & Associates, San Diego, Inc. (Hunsaker) and Lintvedt,
McColl & Associates (LMA) best met these criteria.
18-3
Page 4, Item
Meeting Date 9/13/05
SCOPE OF WORK
Typical services that the City may require during the planning, design, and construction phases of
crp projects may involve field and office survey tasks to include:
. Monument Preservation including research, tie outs, resets, and preparation of
Corner Records andlor Record of Surveys.
. Right of Way Determination
. Preparation of Conveyance documents
. Control surveys, both conventional and GPS, including calculations and map
preparation.
. Topographic field surveys and map drafting.
. Monument Inspection for new land development projects.
. Construction staking, including field staking and preparation of staking
calculations .
Tbe Consultant is to provide:
A. Land Surveying services for City-funded projects before, during, and after
construction operations. The Consultant may be required to make recommendations
regarding alternate methods and procedures based upon previous Land Surveying
efforts and upon the Consultant's own observations. The nwnber and scope of such
projects will vary from year-to-year. The City, in many cases, will provide the
Consultant with Land Surveying data that has been prepared by City staff and/or by
other firms.
B. Personnel that are experienced in all phases of Technical and Professional Land
Surveying to satisfy the requirements of the Consultant contract. Knowledge of
City codes, procedures, and regulations is highly desirable. Tbe City shall have
the right to make a determination as to the qualifications of individual personnel
and shall have the right to require substitution of non-qualified individuals with
qualified personnel.
C. Personnel are to provide Land Surveying services in response to the City's request
for such services. The City Land Surveyor shall determine the time and location at
which Land Surveying is required. However, the City may make requests for Land
Surveying services with prior working day's notice.
D. Professionally maintained and calibrated instrwnents and devices to be utilized in
the field.
E. Provide all original field notes, data, reports, records, etc. of field and office tasks to
the City of Chula Vista. Further, the Consultant shall maintain copies of all records
related to field and office tasks performed for a period offive years. This period may
be extended when requested by the City of Chula Vista at no additional cost.
18-4
Page 5, Item
Meeting Date 9/13/05
F. Provide digital control drawings in LDD format (AutoCAD), furnish digital
photos, & utilize City topographic codes.
G. Billing forms and procedures acceptable to the City.
CONCLUSION
The consultants will assist the Survey Section staff in addressing workloads to ultimately complete
these various CIP projects and would be acting as an extension of staff. Based on all the
justifications already discussed above, staff recommends that Council approve the resolution.
FISCAL IMPACT: The approval of this resolution will not impact the General Fund. All
payments funding for Consultant's services will be from funds already allocated for elP or
development funded projects.
M:\General Services\GS Administration\Council Agenda\Survey consultants. doc
18-5
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THREE AGREEMENTS WITH
BOYLE ENGINEERING CORPORATION, LINTVEDT
MCCOLL & ASSOCIATES, AND HUNSAKER &
ASSOCIATES SAN DIEGO INC. FOR PROFESSIONAL LAND
SURVEYING CONSULTING SERVICES FOR LAND
SURVEYING REQUIRED FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THE
DESIGN AND CONSTRUCTION PHASES
WHEREAS, due to the current pace of numerous CIP projects, development in the
"Eastern Territories" and the proposed large infrastructure financing program in western Chula
Vista (Montgomery), the City has identified the need to enlist qualified consultants to assist City
land survey staff; and
WHEREAS in April 2005, a Request for Proposal was sent to several known qualified
firms and advertised in the Star News and in the San Diego Transcript to obtain the highest
number of qualified respondents; and
WHEREAS, 11 proposals were received and 4 firms were granted interviews; and
WHEREAS, the selection committee evaluated and ranked the proposals. The ranking
was based on a evaluation criteria that included the following: the consultant's experience, the
capacity to perform the work, the quality of the management team, the grasp of the project
requirements, responsiveness to the scope of work, the quality and clarity of the proposal,
familiarity with the local area and the cost proposal; and
WHEREAS, the selection committee identified these 3 firms as the most qualified and
subsequently successfully negotiated agreements; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve three agreements with Boyle Engineering Corporation, Lintvedt
McColl & Associates, and Hunsaker & Associates San Diego, Inc. for Professional Land
Surveying Consulting Services for land surveying services required for various Capital
Improvement Program (CIP) projects during the design and construction phases, copies of which
shall be kept on file in the Office of the City Clerk.
18-6
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreements on behalf of the City.
PREPARED BY:
APPROVED AS TO FORM BY:
$:;4#lltJ!f~ J/uL.I
Ann oore
City Attorney
Jack Griffin
Director of General Services
J:\Attomey\Rc:so\Agreements\THREE AGREEMENTS 9 13 OS
18-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~'IdVAfA ?ktI
( Ann Moore 0
City Attorney
Dated:
Agreement between the City of Chula Vista and
Hunsaker & Associates San Diego, Inc. for
Land Surveying Services
18-8
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Hunsaker & Associates San Diego Inc
for Land Surveying Services
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, The City desires to have Land Surveying Consulting Services in
conjunction with various capital improvement projects in which it engages and in
conjunction with monument preservation, engineering design surveys, construction
surveys, and property acquisition surveys; and,
Whereas, Consultant desires to perform these services for the City at the price
and terms herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement;
2 pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 1
18-9
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 2
18-10
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations. .
F. Insurance
Consultant represents that it and its agents, staff and sub consultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverage's, in the f0110wing categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 3
18-11
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 4
18-12
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall cpntain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 5
18-13
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will riot be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
8. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
. Page 6
18-14
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's, which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party, which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
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7. Hold Harmless
7;1 Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section 7.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
7.2 Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultal'1t agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
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Standard Form Two Party Agreement (Fourteenth Revision)
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not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub
consultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
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18-17
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
.
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fUlly set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attomey's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
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Standard Form Two Party Agreement (Fourteenth Revision)
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.
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of Califomia or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto h~reby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be govemed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Standard Form Two Party Agreement (Fourteenth Revision)
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Signature Page
to
Agreement between City of Chula Vista and Hunsaker & Associates
for Land Surveying Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2005
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Dated: :\uLi \'\-, '"2.005
By dZ..,m
Daniel P. Sml h, Vice President
Attest:
By:
Susan Bigelow, City Clerk
Approved as to Form:
By:
Ann Moore, City Attorney
Exhibit List to Agreement:
( X ) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Hunsaker & Associates San Diego Inc
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
business form]
, a [insert
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Hunsaker & Associates San Diego Inc
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
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18-21
6.
Place of Business, Telephone and Fax Number of Consultant:
.
Hunsaker & Associates San Diego Inc
10179 Huennekens Street
San Diego, CA 92121
(858) 558-4500 Fax 1414
7. General Duties:
.
A. Land Surveying services for City and Developer funded projects before, during,
and after construction operations. The Consultant may be required to make
recommendations regarding alternate methods and procedures based upon
previous Land Surveying efforts and upon the Consultant's own observations. The
number and scope of such projects will vary from year-to-year.
B. Consultant shall provide personnel that are experienced in all phases of
Technical and Professional Land Surveying to satisfy the requirements of this
Consultant contract. Consultant shall comply with applicable City codes, procedures,
and regulations. The City shall have the right to make a determination as to the
qualifications of individual personnel and shall have the right to require substitution
of non-qualified individuals with qualified personnel.
.
C. Personnel are to provide Land Surveying services in response to the City's
request for such services. The time and location at which Land Surveying is
required shall be determined by the City Land Surveyor. However, requests for field
Land Surveying services shall be made with 48 hours notice by the City.
D. Professionally maintained and calibrated instruments and devices shall be
utilized in the field.
.
E. Consultant shall provide the City with all original field notes, data, reports,
records, etc. of field and office tasks in hardcopy and digital drawings in LDD format,
furnish photos, & utilize City topo codes. Further, the Consultant shall maintain
copies of all records related to field and office tasks performed under the contract for
a minimum of five years from the date of the survey, calculations, report, etc. This
period may be extended during the course of any unresolved litigation or when
requested by the City of Chula Vista at no additional cost.
F. Consultant shall provide separate invoices for each City project identified. Each
invoice will list all work performed on each project. Invoice shall show total amount
billed to date for the project, payments received, and amount due. All work
elements shall be itemized: I.e. work performed, personnel charges/hours,
reimbursable costs, etc.
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G. The Consultant will forfeit payment for work performed and billed to City more than
sixty (60) calendar days after performance of work.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: Typical services that the City may require during the
planning, design, and construction phases of CIP projects may involve field and office
survey tasks to include:
. Monument Preservation including research, tie outs, resets, and preparation of
Comer Records and/or Record of Surveys.
. Right of Way Determination
. Preparation of Conveyance documents
. Control surveys, both conventional and GPS, including calculations and map
preparation.
. Topographic field surveys and map drafting.
. Monument Inspection for new land development projects.
. Construction staking, including field staking and preparation of staking
calculations.
. Map Checking for technical correctness
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other: Upon written notice to proceed by City Engineer or designee
for each Task.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
June 30, 2007. City has the option to extend this agreement for 2 additional one-
year periods. The City Contract Administrator shall give notice of election to
extend this agreement by sending a notice by letter to Consultant not later than 3
months prior to the expiration of the term.
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9. Insurance Requirements:
(X)
(X)
(X)
()
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial Genera! Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials required to be supplied by City to Consultant:
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
. payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans, which must be returned to the City ifthe Phase
is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
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Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
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18-25
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
.
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
required of Consultant for including all Materials, and other
"reimbursables" ("Maximum Compensation"). Task s includes a
contingency of $0 for additional work. Said additional work shall not be
performed until authorized by the City Land Surveyor in writing.
(2) (X ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to $500,000.00 ("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further authorization
issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional Services at Consultant's own cost
and expense.
Category of Employee
of Consultant
Rate Schedule
Hourly Rate
.
Office Personnel $ 102.00/hr
One Person Survey Crew $ 146.00/hr
Two Person Survey Crew $ 184.00/hr
Three Person Survey Crew $ 222.00/hr
One Person Survey Crew (.prevailing wage) $ n/a
Two Person Survey Crew (.prevailing wage) $ n/a
Three Person Survey Crew (.prevailing wage) $ n/a
Court or Deposition Appearance $ n/a
Overtime, when authorized: 1.25 times the above listed rates.
Authorized costs for printing, materials, and special equipment will be charged at cost
plus 5%, . Not applicable to this agreement
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Standard Form Two Party Agreement (Fourteenth Revision)
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(X) Hourly rates may increase for services rendered after July 1,2007.
The fee shall not exceed the consumer price index, specifically the
CPI-W, US City average.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
(X) Copies, not to exceed $
(X) Mileage, not to exceed $
(X) Printing, not to exceed $
(X) Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
not to exceed $
Actual Costs
Actual Costs
Actual Costs
Actual Costs
13. Contract Administrators:
City: Jose Luis Gomez, P.E., P.L.S.
Land Surveyor
1800 Maxwell Road
Chula Vista, CA 91911
Consultant: Daniel P. Smith, PLS, Vice President
14. Liquidated Damages Rate: N/A
( ) $
( ) Other:
per day.
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Standard Form Two Party Agreement (Fourteenth Revision)
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15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
( ) Category NO.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
() Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Sub consultants:
18. Bill Processing:
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A. Consultant's billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's billing
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Numbers:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
(X) Retention Amount: $ N/A
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: N/A
M:\Surveylsurvey genera~survey On Call Contracts\RFP 2005\HunsakerIHunsaker 2pty On Call Survey AgreemenLdoc
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Standard Form Two Party Agreement (Fourteenth Revision)
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
?/J aLed taiJAM !kiP
Ann Moor
City Attorney
Dated:
Agreement between the City ofChula Vista and
Boyle Engineering Corporation for
Land Surveying Services
18-30
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Boyle Engineering Corporation
for Land Surveying Services
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business fonm is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, The City desires to have Land Surveying Consulting Services in
conjunction with various capital improvement projects in which it engages and in
conjunction with monument preservation, engineering design surveys, construction
surveys, and property acquisition surveys; and,
Whereas, Consultant desires to perform these services for the City at the price
and terms herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the tenms and conditions of this Agreement;
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
.
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and .the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
.
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub consultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverage's, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
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H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
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City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the goveming
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
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It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or particip'ate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
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Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's, which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party, which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
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7. Hold Harmless
7.1 Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section 7.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
7.2 Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
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not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub
consu Itants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
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such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
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Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of Califomia or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties. .
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and Boyle Engineering
for Land Surveying Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
.2005
City of Chula Vista
By:
BY.~~
Christophe J. Roberts
Transportation Group Leader
Dated:
Attest:
By:
Susan Bigelow, City Clerk
Approved as to Form:
By:
Ann Moore, City Attorney
Exhibit List to Agreement:
( X) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Boyle Engineering
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
business form]
, a [insert
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Boyle Engineering Corporation
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
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6. Place of Business, Telephone and Fax Number of Consultant:
Boyle Engineering Corporation
7807 Convoy Ct., Suite 200
San Diego, CA 92111
(858) 292-8080 Fax 0960
7. General Duties:
A. Land Surveying services for City and Developer funded projects before, during,
and after construction operations. The Consultant may be required to make
recommendations regarding alternate methods and procedures based upon
previous Land Surveying efforts and upon the Consultant's own observations. The
number and scope of such projects will vary from year-to-year.
B. Consultant shall provide personnel that are experienced in all phases of
Technical and Professional Land Surveying to satisfy the requirements of this
Consultant contract. Consultant shall comply with applicable City codes,
procedures, and regulations is highly desirable. The City shall have the right to
make a determination as to the qualifications of individual personnel and shall have
the right to require substitution of non-qualified individuals with qualified personnel.
C. Personnel are to provide Land Surveying services in response to the City's
request for such services. The time and location at which Land Surveying is
required shall be determined by the City Land Surveyor. However, requests for field
Land Surveying services shall be made with 48 hours notice by the City.
D. Professionally maintained and calibrated instruments al)d devices shall be
utilized in the field.
E. Consultant shall provide the City with all original field notes, data, reports,
records, etc. offield and office tasks in hardcopy and digital drawings in LDD format,
furnish photos, & utilize City topo codes. Further, the Consultant shall maintain
copies of all records related to field and office tasks performed under the contract for
a minimum of five years from the date of the survey, calculations, report, etc. This
period may be extended during the course of any unresolved litigation or when
requested by the City of Chula Vista at no additional cost.
F. Consultant will provide separate invoices for each City project identified. Each
invoice will list all work performed on each project. Invoice shall show total amount
billed to date for the project, payments received, and amount due. All work
elements shall be itemized: I.e. work performed, personnel charges/hours,
reimbursable costs, etc.
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G. The Consultant will forfeit payment for work performed and billed to City more than
sixty (60) calendar days after performance of work.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: Typical services that the City may require during the
planning, design, and construction phases of CIP projects may involve field and office
survey tasks to include:
o Monument Preservation including research, tie outs, resets, and preparation of
Corner Records and/or Record of Surveys.
o Right of Way Determination
o Preparation of Conveyance documents
o Control surveys, both conventional and GPS, including calculations and map
preparation.
o Topographic field surveys and map drafting.
o Monument Inspection for new land development projects.
o Construction staking, including field staking and preparation of staking
calculations.
o Map Checking for technical correctness
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other: Upon written notice to proceed by City Engineer or designee
for each Task.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable NO.2:
Deliverable NO.3:
D. Date for completion of all Consultant services:
June 30, 2007. City has the option to extend this agreement for 2 additional one-
year periods. The City Contract Administrator shall give notice of election to
extend this agreement by sending a notice by letter to Consultant not later than 3
months prior to the expiration of the term.
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9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials required to be supplied by City to Consultant:
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans, which must be retumed to the City if the Phase
is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
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completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
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C. (X) Hourly Rate Arrangement
For performance of the Defined SelVices by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said SelVices, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined SelVices herein
required of Consultant for including all Materials, and other
"reimbursables" ("Maximum Compensation"). Task s includes a
contingency of $0 for additional work. Said additional work shall not be
performed until authorized by the City Land SUlVeyor in writing.
(2) (X ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to $500,000.00 ("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further authorization
issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional SelVices at Consultant's own cost
and expense.
Category of Employee
of Consultant
Rate Schedule
Hourly Rate
Principal Engineer
Senior Land SUlVeyor
Associate Land SUlVeyor
Assistant SUlVeyor II
Assistant SUlVeyor I
Technician IV
CADD Operator
General Clerk
Two Person SUlVey Crew
Three Person SUlVey Crew
One Person SUlVey Crew (.prevailing wage)
Two Person SUlVey Crew (.prevailing wage)
Three Person SUlVey Crew ("prevailing wage)
Court or Deposition Appearance
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$179.00/hr
$ 135.00/hr
$ 11 O.OO/hr
$ 95.00/hr
$ 75.00/hr
$ 110.00/hr
$ 72.00/hr
$ 55.00/hr
$ 170.00/hr
$ 210.00/hr
$ n/a
$ n/a
$ n/a
$ n/a/hr
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Overtime, when authorized: 1.5 times the above listed rates.
Authorized costs for printing, materials, and special equipment will be charged at cost
plus 5%,* Not applicable to this agreement
(X) Hourly rates may increase for services rendered after July 1,2007.
The fee shall not exceed the consumer price index, specifically the
CPI-W, US City average.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
(X) Copies, not to exceed $
(X) Mileage, not to exceed $
(X) Printing, not to exceed $
(X) Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
not to exceed $
Actual Costs
Actual Costs
Actual Costs
Actual Costs
13. Contract Administrators:
City: Jose Luis Gomez, P.E., P.L.S.
Land Surveyor
1800 Maxwell Road
Chula Vista, CA 91911
Consultant: Christopher J. Roberts, Transportation Group Leader
14. Liquidated Damages Rate: N/A
( ) $
( ) Other:
per day.
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15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category NO.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
( ) Category NO.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
() Category NO.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Sub consultants:
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18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's billing
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Numbers:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
( X ) Retention Amount: $ N/A
Retention Release Event:
( ) Completion of All Consultant Services
( X ) Other: N/A
M:\Survey\survey generallsurvey On Call ContractslRFP 2005\Boyle\Boyle 2pty On Call Survey Agreement.doc
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Standard Form Two Party Agreement (Fourteenth Revision)
Page 21
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
t!r t61.~1;;bl IJ3!!
Ann Mo
City Attorney
Dated:
Agreement between the City of Chula Vista and
Lintvedt, McColl and Associates
Land Surveying Services
18-52
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Lintvedt, McColl & Associates
for Land Surveying Services
This agreement ("Agreement"), dated forthe purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity. indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, The City desires to have Land Surveying Consulting Services in
conjunction with various capital improvement projects in which it engages and in
conjunction with monument preservation, engineering design surveys, construction
surveys, and property acquisition surveys; and,
Whereas, Consultant desires to perform these services for the City at the price
and terms herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement;
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOL VED- that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled n
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed. .
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub consultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverage's, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the .amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
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H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (incfrcated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
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City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a .checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 1 9 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
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It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attomey.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
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Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's, which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party, which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
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7. Hold Harmless
7.1 Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section 7.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers" or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
7.2 Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
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not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub
consultants" .
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
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such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City. Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incorred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the Inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
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Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and 'party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing lawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and Lintvedt, McColl & Associates
for Land Surveying Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2005
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Dated:
By: IJ~~
Gary A. Cintvedt, Principal Surveyor
Attest:
By:
Susan Bigelow, City Clerk
Approved as to Form:
By:
Ann Moore, City Attomey .
Exhibit List to Agreement:
( X ) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Lintvedt, McColl & Associates
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of Califomia
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
business form]
, a [insert
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Lintvedt, McColl & Associates
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
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6. Place of Business, Telephone and Fax Number of Consultant:
Lintvedt, McColl & Associates
2810 Camino del Rio South, Suite 200
San Diego, CA 92108
(619) 294-4440 Fax 4442
7. General Duties:
A. Land Surveying services for City and Developer funded projects before, during,
and after construction operations. The Consultant may be required to make
recommendations regarding altemate methods and procedures based upon
previous Land Surveying efforts and upon the Consultant's own observations. The
number and scope of such projects will vary from year-to-year.
B. Consultant shall provide personnel that are experienced in all phases of
Technical and Professional Land Surveying to satisfy the requirements of this
Consultant contract. Consultant shall comply with applicable City codes,
procedures, and regulations. The City shall have the right to make a determination
as to the qualifications of individual personnel and shall have the right to require
substitution of non-qualified individuals with qualified personnel.
C. Personnel are to provide Land Surveying services in response to the City's
request for such services. The time and location at which Land Surveying is
required shall be determined by the City Land Surveyor. However, requests for field
Land Surveying services shall be made with 48 hours notice by the City.
D. Professionally maintained and calibrated instruments and devices shall be
utilized in the field.
E. Consultant shall provide the City with all original field notes, data, reports,
records, etc. offield and office tasks in hardcopy and digital drawings in LDD'format,
furnish photos, & utilize City topo codes. Further, the Consultant shall maintain
copies of all records related to field and office tasks performed under the contract for
a minimum of five years from the date of the survey, calculations, report, etc. This
period may be extended during the course of any unresolved litigation or when
requested by the City of Chula Vista at no additional cost.
F. Consultant will provide separate invoices for each City project identified. Each
invoice will list all work performed on each project. Invoice shall show total amount
billed to date for the project, payments received, and amount due. All work
elements shall be itemized: i.e. work performed, personnel charges/hours,
reimbursable costs, etc.
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G. The Consultant will forfeit payment for work performed and billed to City more than
sixty (60) calendar days after performance of work.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: Typical services that the City may require during the
planning, design, and construction phases of CIP projects may involve field and office
survey tasks to include:
. Monument Preservation including research, tie outs, resets, and preparation of
Corner Records and/or Record of Surveys.
. Right of Way Determination
. Preparation of Conveyance documents
. Control surveys, both conventional and GPS, including calculations and map
preparation.
. Topographic field surveys and map drafting.
. Monument Inspection for new land development projects.
. Construction staking, including field staking and preparation of staking
calculations.
. Map Checking for technical correctness
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other: Upon written notice to proceed by City Engineer or designee
for each Task.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable NO.2:
Deliverable NO.3:
D. Date for completion of all Consultant services:
June 30, 2007. City has the option to extend this agreement for 2 additional one-
year periods. The City Contract Administrator shall give notice of election to
extend this agreement by sending a notice by letter to Consultant not later than 3
months prior to the expiration of the term.
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 15
18-67
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials required to be supplied by City to Consultant:
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
.
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans, which must be returned to the City if the Phase
is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit ag!3inst the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 16
18-68
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate. but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 17
18-69
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
required of Consultant for including all Materials, and other
"reimbursables" ("Maximum Compensation"). Task s includes a
contingency of $0 for additional work. Said additional work shall not be
performed until authorized by the City Land Surveyor in writing.
(2) (X ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to $500,000.00 ("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further authorization
issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional Services at Consultant's own cost
and expense.
Category of Employee
of Consultant
Rate Schedule
Hourly Rate
Principal Engineer/Land Surveyor
Senior Engineer/Land Surveyor
Project Engineer/Land Surveyor
Associate Engineer/Land Surveyor
Assistant Engineer/Land Surveyor
Junior Engineer
Technician IV
Technician III
Technician II
Technician I
Engineering Aid
$192.00/hr
$135.00/hr
$119.00/hr
$102.00/hr
$ 87.00/hr
$ 73.00/hr
$114.00/hr
$ 88.001hr
$ 73.00/hr
$ 62.00/hr
$ 49.00/hr
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 18
18-70
ClerkIWord Processor $ 62.00fhr
Two Person Survey Crew $187.0Qfhr
Three Person Survey Crew $243.0Q/hr
One Person Survey Crew (*prevailing wage) $ nfa
Two Person Survey Crew (*prevailing wage) $ nfa
Three Person Survey Crew (*prevailing wage) $ n/a
Court or Deposition Appearance $244.0Qfhr
Overtime, when authorized: 1.25 times the above listed rates.
Authorized costs for printing, materials, and special equipment will be charged at cost
plus 5%, * Not applicable to this agreement
(X) Hourly rates may increase for services rendered after July 1, 2007.
The fee shall not exceed the consumer price index, specifically the
CPI-W, US City average.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
(X) Copies, not to exceed $
(X) Mileage, not to exceed $
(X) Printing, not to exceed $
(X) Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
not to exceed $
Actual Costs
Actual Costs
Actual Costs
Actual Costs
13. Contract Administrators:
City: Jose Luis Gomez. P.E., P.L.S.
Land Surveyor
1800 Maxwell Road
Chula Vista, CA 91911
Consultant: Marvin J. Sylakowski, P.L.S.
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 19
18-71
14. Liquidated Damages Rate: N/A
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category NO.2. Interests in real property.
( ) Category NO.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
( ) Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to pr-ovide
services, supplies, materials, machinery or equipment.
() Category No.7. Business positions.
( ) list "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 20
18-72
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Sub consultants:
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's billing
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Numbers:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Cred it. $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
(X) Retention Amount: $ N/A
Retention Release Event:
( ) Completion of All Consultant Services
( X ) Other: N/A
M:lSurveylsurvey generallsurvey On Call ContraclsIRFP 2005\LMAILMA 2pty On Call Survey Agreemenldac
2pty14
Standard Form Two Party Agreement (Fourteenth Revision)
Page 21
18-73
COUNCIL AGENDA STATEMENT
Item
Meeting Date 9/13/2005
/1
SUBMITTED BY:
Resolution Approving a Freeway Maintenance Agreement between
the City of Chula Vista and the State of California Department of
Transportation ("Caltrans") for Maintenance of the Bayshore Bikeway Along
the West Side of Interstate 5, from E Street to the City's Northerly Boundary,
and Authorizing the Mayor to Execute Said Agreement on Behalf of the City
Director OfPub~orks Operatior;j
City Manager / I ~ Vi:
(4/5ths Vote: Yes_NolO
ITEM TITLE:
REVIEWED BY:
On March 2, 1978, the Redevelopment Agency Approved Resolution No. 107 and on March 14,
1978, the City Council approved Resolution No. 9035 to enter into a Cooperative Agreement
(Attachment "A") for Commuter Bikeway Construction with Caltrans, the County of San Diego, and
the Cities of San Diego, National City, Imperial Beach, and Coronado. The 1978 Cooperative
Agreement requires the City of Chula Vista to assume responsibility for maintenance, operation, and
associated costs for all portions of the Bayshore Bikeway within the City's jurisdiction. Construction
of the Bayshore Bikeway within Chula Vista is now complete. The proposed Freeway Maintenance
Agreement (Attachment "B") further clarifies the City's maintenance responsibilities under the 1978
Cooperative Agreement.
RECOMMENDATION: That Council adopt the resolution approving a Freeway Maintenance
Agreement between the City of Chula Vista and the State of California Department of Transportation
("Caltrans") for maintenance of the Bayshore Bikeway along the west side of Interstate 5, from E
Street to the City's northerly boundary, and authorizing the Mayor to execute said agreement on
behalf of the City.
BOARDS/COMMISSIONS: N/A.
DISCUSSION:
Under the 1978 Cooperative Agreement for the Bayshore Bikeway, the City is obligated to
perpetually maintain that portion of the bikeway within its jurisdictional boundaries. The City
completed a portion of the bikeway between E Street and the City's southerly boundary several years
ago. Caltrans recently completed construction of the remaining portion of the bikeway between E
Street and the City's northerly boundary at a construction cost of$2.2 million.
The proposed Freeway Maintenance Agreement clarifies the City's maintenance obligations, allows
the City to enter Caltrans' right-of-way to maintain the bikeway facilities, and outlines both parties'
legal relations and responsibilities. Under the agreement, the City of Chula Vista is required to
sweep and maintain a safe and clean facility for the entire length of the path covered by the proposed
19-1
Page 2 Item I q
Meeting Date 9/13/2005
agreement. Per the proposed agreement, maintenance includes, but is not limited to, ". . . the removal
of graffiti, debris, and vegetation that may render the path unsafe or unsightly as well as keeping all
portions of the path safe for passage and all signs, if any, in good repair." Although not explicitly
stated, maintenance also includes irrigation and maintenance oflandscaping.
Staff estimates that the total annual maintenance cost will be about $22,000 per year, more than half
of which is for graffiti removal/abatement.
FISCAL IMPACT: The total annual cost for maintenance is estimated to be $22,000, of which
$14,000 is for staff costs and $8,000 is for materials and irrigation costs. This amount is included in
the FY2005-06 budget and will be adjusted in future budgets.
KP Alkpa
Attachments:
"A" 1978 Cooperative Agreement for Commuter Bikeway Construction
"B" Proposed Freeway Maintenance Agreement
H:\Publie Works OperationslAl13's 2005\Bayshore Bikeway Mtne Agreement.doe
19-2
CU~1
rAT~~ "A '~
District Agreement
No. ~l-811B
COOPERA~:VE AG~:;:MEN'1'
...
'"
c....;)
"""""
FOR COMMUTER S~XW~AY CONSTRUCTION
This Agree~~nt is Hereby Mads
4 .
-'-'
:,..,
~
a.nd Entered into this 30th
Day of October , 1978
By and B.etween
The city of San Diego, City of
National City, City of Chula Vista,
City of Imperial Beach, City of
Coronado a.:'1d the County of San Diego,
all being bodies politic and IllUnicipal
corporations of the State of California,
hereinafter referred to individually
by City name, San Diego County or
collectively as .CITIES and COUNTY.
AND
The STATE OF CALI:FOImIA, acting by and
through its Business and Transportation
AgenC'j I Depart."T\ent of Tr~spOrtation,
District 11, hereinafter referred to
as .STATE"
DOCUiV1ENT NO.
764957
FILED
N.QY..l3 1978
19-3
- :2 -
-
, "
. .
"
WITNESSETH
.
"
WHEREAS, ~~e Legislature ot tha 5t31:3 of C~liiornia has allocated
fund3 1n accord~~ca with sonate Bill 233, Statutas of 1975,
lor construction of ~t8r bi:tawayi1l1 And
wm:ro:~, ~'le Secntary of the Sudnees ;md Transportatia'l AqenC'J
has approved a :reque3t by ~~e City of San Diego, u lead agenC1,
fer the alloca.tion of lunda to conatruct: a commuur biXeway
knOllln .:IS the San Dil!go Bay :!Ioute Bikeway, her":" inafter referred
t:o as ROUTE, in the City and Co=ty of San Diego and the Cities
of National City, Chula V13ta, !~rial Beach and Coronado
frem t..':\e vicinity of Pacific Highway al"1d Harber Drive in tha
City of San Diego to the nc~':\er17 end of Glorietta. Boulevard
in the City of! Coronado, AI! gen-arally ahcwn by Zxhiblt Ar and
'tm~ro:AS, t..':\e City of San Diego pro:,:ozas to incorporate bike lanes
in City of Sa."1 Diego's contract for construction of Switzer
Creek Bridge along Harbor Drive which is t..':\e location of said
ROtr.'E, and
W2Z!U!:~, t.,e coat of providing bi~te la."1es on the Switzer Cnek
Bridge is to be partially f~~ded from Senate Bill 283 (Bike
Centsnni.d Route Improv-ementa) :r:onies and i3 the subject of a
38p4:'ate aq%eemoent bet:we-en t:-:e STa.n and City of Sa."\ Diego, and
~~~RE~, ~~e city of National city propo38s to ~~ard a contract
~or construction of bike lanes en the Seventh Street Channel
Bridge along Harbor Drive which is th~ lOC3tion of said ROtiTE,
and
19-4
- 3 -
WHEREAS, STATE fu."1ds other than those provided by this agreement
have pr9viouslv been allocated to the City of National City
for the purpose of constructing bike lanes on t..'1e Seventh
Street C~annel Bridge, and
WHEREAS, the S'::\TE, in accordanc~ wi t..'1 an executed Ct::operati ve
agreement wit..'1 t..~e San Diego U~ified Port District, proposes
to ccnat=uct a bridge over t..'1e SWeerAater River Flood control
Ch3nnel and to Ct::nstruct a portion or t..'1e -Tidelands Avenue
E:ctension-, as shown by Exhibit w:\-, and
WHEP'zAS, the city of Chula Vista proposes to construct a portion
of the wTidel~,ds Avenue Extensionw from the vicinity of the
SWeetwater River P'lood Cont:-ol Channel to -G- Street, as shewn
by Exhibit wAwI and
WHERZAS, the aforementioned WExtension of Tidelands Avenuew is a
segment of said ROUTE: and
WHEREAS, it is in the best public int2:'9st that, should contracts
for constr~cti:n9 all or portions of the wTidelands Avenue
Extensionw not be ~arded before June 30, 1979, a temporary
alternate bicycle facility should be constructed to provide
continuity for said ROUTE until such time as t..~e wTide1ands
Avenue Extension- is completed I and
)'"HEREAS, STATE ha:s accept8d a. rf!:'q"..1est made by CITIJ;:S and COUNTY
to design and administer construction contracts for laid
ROUTE I and
19-5
- 4 -
~~' CITIES and COUNTY
... .;sid ROUTE lying within
desire to each maintain the portion of
~~ei= respective jurisdictions:
NOW THEREFORE, 1.."\ consideration of the aboV'!! pr~m!ses, the parties
hera~t) aCJ1'1Ie to cooperats in the c:onl!ltruction, fundinq' and
maintenance ot said ROU~ wi thin ~;e aboV'!! 11m! ts as follows z
A. STATE agreos:
1. To perft)r:11 surveys and prepare all contr3ct plans and
specifications as necessarl for award of contracts for
t.~8 c:onst--uction of said ReCTZ.
This construction work may be performed vi~~ several
Ct)ntracu. The ph."" omd specifications for each Ct)n~ract
vill be approved by th~ City of S~"\ Diego acting as lead
aq~nC"'l and by ~e individual aqenC"'J (3) within whose
jurisdiction the project lies prior to advertisement of a
construction contract.
2. To perfor.n the appropriats environmental analysis and to
prspars subsequent reports in order for the City of San
Dieqo to obtcn the project envi=n:nental clearances
and permits necessary to construct said ROU'l'E.
J. To notify t.'\O agency (;'!S) of CITIES and COUNTY having
jurisdiction upon award of any construction contract{.).
4. To construct said ROUTE in accordMC8 with the aforamentioned
plana and specificationa except for the widening of Switzer
C: ~e.\ Bridge in the City of San Diego on Harbor Drive, the
wideni~9 of the Seventh Street Channel Bridge in National
19-6
- 5 -
city on Harbor Drive and a..-:y such pavement striping and
IIII!rking and miscalla:lo!ou!I ~rk that C!T!ZS and COUNTY may
elect to perfo~ vi~~ ~iei= cwn forces.
5. To perfor.n all c~n3truction engineering aervicas"nece.sary
to ac1mini:ster ccn:st=uction <X!nt::'scts for .aid ROU'l'~.
6. ':'0 ~cquirtt, in the na:ne of individual jurisdictional agencies
of CITIES and COUN'l'"I and in fee or any lesser int:8nst found
by ~J\TE to be necassar:', such rights of ":lay as may be
nquired for ctm3truction of said ROUTE. Rights of way that
may be required i3 ~ne=al17 described as follows:
(~) bet":loim t."!.e S'#'!et.,at~::: Flcod Contzol Can.!!e1 EQat Ramp
parking lot in National City and -0- St:eet in Cula
'lista in the vici:1ity of the existinq SWeetwatsr River
and tbe San Di~go Gas and Zlectric Company easemant.
(1:1) bebre~n Main Stnet and 19th Stnet in the City of
San Diego in tha vicinity of the Otay .Ri ver.
(c) :between 7t.'i Street in the City of IJIIparial Beach and
the inter:scction of GloriEltta Boulevard and PaDena
Avenue in the City of Co:::onado along the abandoned
San Die;o Arizona Easta::::! Railroad right of way.
7. That upon submittal of detailed billing, to reimburse CITIES
and COtmTY for neC8ssary C03ts incurred in perfondng
removal of existing pavement markings, application of
new pavement markings and/or minor modification of existing
facilities as required to construct said ROUTE.
19-7
- 6 -
8. To rei~bur3e the CITY OF SAN DIEGO, ac~inq as lead &gen~J,
for nec~a3ary costs inca--red in obtaining project environ-
mental clearanc~s and pe~its as required to construct
said ROUTE.
9. That reimbursements due t.!'1e individual parties to this
&graement shall be made witt in 30 days of receipt of
detailed otatements.
10. To assume responsibility ~or maintenance, operation and
associat5d costs of said ROUTE along.portions of State
Hiqhway 7S whera bike lanes are located wi~~in the
e:cistint; highway right of way.
B. CITY OF SA.~ D!ZGO at;rees:
1. ~o act as lead agency for the pUr?ose of complyL~g with
provisions of the California Environmental Quality Act
(CEQA) and thereby will acquire environmental project
clearances and permits neces3ary to construct said Route.
2. To construct minimum 4 foot wide at-grade bike lanes on
each side of SWitzer Creek Bridge along Harbor Drive.
Said cont!ltruction is subject of a separate agreement.
3. To assu:ue responsibility for maintenance, operation and
associated costs of said ROUTE from the intersection of
Pacific Highway and Harbor Drive to the south San Diego
City LL~its on Harbor Drive and from the intersection of
Bay Boulevard and Main Street to the intersection of 19th
Street and Palm Avenue.
19-8
- 7 -
C. CITY OF NATIONAL C!TY agrees:
1. To construct minimum 4 ~cot wide at-grade bike lanes
on each side of the 7th Street Channel Bridge along
Harbor Drive.
2. To assume responsibility ior maintenance, operation mnd
associated costs of ~aid ROUTE from the National City
Limits en Harbor Drive to the National City Limits in the
vicinity of the sweetwater River:
3. To allew the STATE to design and contract for construction
of a tsmporarj alternate bixeway facility, as generally
shown on Exhibit "A", should the City of Chula Vista or
STATE be unable to constr1.lct all or portions of the
"Tidelands Avenue Extension" referred to in Paragraph 1,
Section D of this aqreement.
D. CI':'Y OF CEULA VISTA &qreu:
1. To constr~ct a seqmen t of said ROUTE, at no cost to the
STA~, by building a portion of the "Tidelands Avenue
Extension", as generally shown on Exhibit "A", includinq
on-str-.et bike lanes from the vicinity of SWeetwater
River Flood Control Channel to "G" Street in the City of
Chula Vista. Such construction ccntractrs shall be awarded
prior to J~~e 30, 1979.
2. To allow tb.e STATE to design and contract for construction
of a temporary alternate bikeway facility, as generally
19-9
- 8 -
shewn on Exhi~it -A-, ~hould the City of Chula Vista or
STATE be unable to construct all or port ion a ot the
aforementioned -Tidelands Aven~a Extension-.
J. To assume responsibility for maintenance, operation and
associated coat3 of said ROUTE and/or tampor4-~ alternate
fran t~e Chula Vista City Limi~s in the vicinity of t~.
Swoe~~ater ~iVAr ~O the Chula Vista city Limits in the
vicinity of t.;.. il'!.t:erl!lection of Bay Boulevard and palanar
Street.
E. CITY O? IMPE~IAL BEACH agrees:
1. Subject to acquisition of the abandoned San Diego, Arizona
and Eastern railway right o~ way for said ROUTE, to assume
reeponsibility for maintenlL"lCl!l, operation and associated
costs of said ~Ou~3 from the inter~ection of 13th Street
and ?3l~ Avenue along 13th Street, Cypress Avenue, 7th
Street and alonq a portion of separate bike path following
the San Diec;o, "rhone and Eastern railway right of way
from 7th Street to the Imperial Beach/Coronado City Limits.
F. COUNTY 0::' SA.'t DIEGO agrees I
1. To allow STATE to cont::act for construction of said
Route within the boundaries of ti.e South Bay Ma=ine
Biological Study Area. Route aliqnment L"1d construction
through the biological study area to be approved by County
Parxs and Recreation Department and the U.S. Navy prior to
19-10
- 10 -
of said ~UTE, as generally shown on E~~i~it .~., if such
minor chan<]es do noi: detra~ ~rom the 11518 of said ROO'l'E as
a ~VJ.~IUt1!= bikaway.
4. STA':'2 is hE!reby aut~orizsd to acquire the necelUlary righu of
vay in the name of individ~al juriadicticna of C!TIES and
COUNT!, delSign a..,d co..,traC't for const:ruction of said ROUTE
vit.~in t.~e corporate limit:!! of eac.'1 respective jurisdiction
t.11at is a party to this agreement.
5. Upon atlthorbatlcn by the individual juriadict.ions caaprising
CITI::;:S and COUNTY, STA':'E may conde."'1II1 fo::: public tra..:!~rtation
pUl"?Oses, tinder the proviaicn3 of the Cooe of Civil prccedure
relating to eminent domain, any rights of way necassarl to
const:ru~ said ROD~~ in fee or any lesser interest found by
S~ATZ to be necessary.
6. The CITY 0::' S}..'; D!:::GO ~il1 act as ll!ad a~nc"J for the pu-"'"P08e
of complying with provizions of CZ~~ and thereby will acquire
project environml!!ntal cleara...,ces and ~=its in behalf of the
other parties to this agreement a."'1d is delegated t.'le aut.'1ority
to approve the advertising of c01'!.3tr.lc1:ion contracts by STATE.
7. T~e city of San Diego is her:lby delegated by C!TIES and
COUNTY to act in their behalf as coordinator with STATE
for the purpose of assuring continuity of design standards
a..,d ceta~ls.
8. The cesign and ccn=truction of said ROUTE shall conform
to the criteria ~~d specifications established by
19-11
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the St3.U of California, Business and Trans:90rtaticn Agency,
~part."'nent of Tra."1.!lportaticn tor t.'1e -development, planning
and const:uction of bikeways in California- dated August 1,
1976 or subsequent edition3.
9. All conatruction contracts using STATE funding as provided
by t."'is agreement must be a"...arded by June 30, 1979.
10. The aba:1.donl9d railway dgh t ot way f:cm Imperial Beach to
Coronaco is to be acquired at a cost established by 1:."'e
STA~ and before July 1, 1978. Ot.'ler...ise, STATE will
construct shoulder improvernent3 alonq State Route 7S to
accOIICDOdate bicycle tr3.'lel from Imperial Beach to corenado.
11. CITIES and COL~T! asSUMe responsibility to initiate any
on-street parkin~ restrictions 1:.'1at may be necessary to
ccn:st:ouct and operate said :.:lOUTE in ccnfo=ance wit..'1- the
minimum design criteria ~ferred to in Paragraph a of this
Section. When nece3:Jary, public hearings may be held for
the purpo3e of evaluating alternatives to said parking
restrictions.
.
12. CITIES and COUNTY may elect to perform their own pavement
striping and marking and make minor modifications to
existing facilities in ac:ordance with STATE plans and the
cost of such will be reimbursed by the STATE.
13. Maintenance and operation of said ROUTE shl!ll~ include but
not limited to regularly scheduled sweeping, repll!lc&~nt
. of sign:! and fences, repair of pavement 8urface, providing
19-12
- 12 -
3ecur~ty 3e~rices, re~cval 0= 3t~rm c~hris ~d rer.~lal
pavement markings.
14. C!T!~S ~,d CO~! w~:l bill ST~T= no more often ~~~
mcm,':hly for reimbulSement 0= C~St3 neCSS3ar] to imp:~it'..ont
their nspee~iV'8 portier.a of ~ha p:-ojact.
15. C:~:~S ~,d COu~TY ~ill cond~et under ~~e leadership of
the load agency a post-const~ctio~ evaluation pro~~
ot said ROUTE after one yea: of oper:ltion. This
evaluation will be done at no C03t to.5~ATZ and wi:l
ir.clud~ ~ut not be limitsd to 3 ussr su~rey and a.cc~ilation
ot constr,:ction, 1!'..aint~na.'~, 3.J.!1:!ty a."1d opar;:ttionoa:' info::JU-
tion.
16. This aqreernent may be t3=inl!.t~d a.,c! it3 p:o',isions :noa:' be
altered, c~anged or ~~r.ded by the ~~t~a: con~ent of all
of the paZ'tiss hereto.
IN WITNESS WHZ~C?, the parties have c~u!led this ag~ee~nt to be
e~ecut~d by ~~eir resF9cti~ officers, d~17 authori:ed, the ,ro-
visions of which ag:r~\!ment are ef!ect:!..,-s as o! this day, mcnt.;
and year aft~r hereinabove written.
19-13
- 13 -
ST.il.T~ OF CAL:r:;'ORN:!A
c=~! O~AN DIEC~
By g~.f;- /t:~
"a3:5,'7"~~ ':H!>-iiiY "'~~"';::d
Att~s7~ f/'i'....t-;';./.;~~tA...
/!
C!TY ~~.I~tAr. <;:!':''l
~!$j(lJr!II
v
CeQa=t~nt of Tr~3~ortati~n
. .
ADRIANA GIANTU:RC~
Direc1;.'!~Qf ~spor;~iQn
/~)f-,!/d .~
B~ ,', ,,1Z27 ' "
By
~ecomm~d8crt~~r App:oval
By j~\\1k
J,'1COD\...oEIIC31114
1)i;:str~t Diractor of '::':,anapo=::ation
A"::ts.Jt. IOl'fE CAM?SELL
c::..., . ,
By: /~l ~ LJ _~ /~;!-<<.~. .l.tt-L~ .
, Deputy City Cle~k
C!~I OF C~~~' V!JTA
By (--0 JUcr:-:'Juo,~<4r ~,yu
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Ath:1';,--'!7-.:..1"-""'U-" ://lC'-;
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Attest
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CoUNT'i OF Srl..'t DIEGO _
By H ~Aj,M;r/"',;1..;.-.A/J,A/
c:.m cl !'I~ doat'd 01 3Ur;leNI~ors
A1:'te3t ~.EERT D. ZlP-.nv~'. ~'!'" ~al'nt:r Cler:&
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
'cllcL- %r1~
,/ Ann Moore
City Attorney
Dated:
Freeway Mainten ce Agreement between
The City of Chula Vista and the State of California
Department of Transportation "(CAL TRANS)" for
Maintenance of the Bayshore Bikeway
q
19-16
~~.,-fr~
1I-SD-5
PM 8.519.5
FMA 11-8283
FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into in duplicate, effective this
, day of , 20_, by and between the State of California,
acting by and through its Department of Transportation, hereinafter referred to as "STATE," and
the City ofChula Vista, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between CITY
and STATE wherein CITY agreed and consented to certain adjustments of the local street and
road system required for the development of a bike path along a portion of State Highway Route
5 within the jurisdictional limits of CITY; and
WHEREAS, said bike path has now been completed or is nearing completion, and the
parties hereto mutually desire to clarify the division of maintenance responsibility as to local
CITY bike path, or portions thereof, and landscaped areas lying within or outside the freeway
limits; and
WHEREAS, under Section D.3. of the above Cooperative Agreement, CITY has resumed
or will resume control and maintenance over the relocated or reconstructed (CITY bike path)
except those portions thereof adopted as a part of the freeway proper.
NOW THEREFORE, IT IS AGREED:
1. When a planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described, which affects the
parties division of maintenance responsibility as described herein, STATE will
provide a new dated and revised Exhibit "A," which will be made a part hereof by an
amendment to this Agreement when executed by both parties, which will thereafter
supersede the attached original Exhibit A and which will then become part of this
Agreement.
2. BICYCLE PATHS
CITY will sweep and maintain, at CITY expense, a safe and clean facility for bicycle
travel along the entire length of the described path depicted on attached Exhibit "A",
made a part of this Agreement. Said maintenance will include, but is not limited to,
the removal of graffitti, debris and vegetation that may render the path unsafe or
unsightly as well as keeping all portions of the path safe for passage and ail signs and
lighting if any, in good repair.
19-17
3. LEGAL RELATIONS AND RESPONSIBILITIES:
A. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or affect the
legal liability of either party to the contract by imposing any standard of care with
respect to the maintenance of STATE highways or bike paths different from the
standard of care imposed by law.
B. It is understood and agreed that neither STATE nor any officer or employee
thereof is responsible for any damage or liability occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work
authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code section 895.4, CITY
shall defend, indemnify and save harmless STATE and all of its officers and
employees trom all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting trom anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
C. It is understood and agreed that neither CITY nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed that, pursuant to Government Code section 895.4, STATE shall defend,
indemnify and save harmless CITY and all of its officers and employees tram all
claims, suits or actions of every name, kind and description brought for or on
account of injuries to or death of any person or damage to property resulting trom
anything done or omitted to be done by 8T ATE under or in connection with any
work, authority or jurisdiction delegated to 8T ATE under this Agreement.
2
19-18
4. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Freeway Maintenance
Agreement shall not affect any pre-existing obligations of CITY to maintain
designated areas pursuant to prior written notice ITom STATE that work in such
areas, which CITY has agreed to maintain pursuant to the terms of the Freeway
Agreement, has been completed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY of
By
City Executive
City Clerk
.. Approved as to form and
procedure:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Attorney
Department of Transportation
WILL KEMPTON
Director of Transportation
By
District Director
City Attorney
By
3
19-19
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1"A1'E OF CAT IFORNIA_RTJSINFSS TRANSPORTATION AND HOIJSING AGENCY
ARNOT D SCHW ARZRNFCIGER Ctovemor
DEPARTMENT OF TRANSPORTATION'
District 11
P. O. Box 85406, M.S. 57
San Diego, CA 92110
PHONE (858) 616-6566
FAX (858) 616-6563
TIY (619) 688-3214
~.'
~
Flex your power!
Be energy efficient!
11-SD-5
PM 8.5/9.5
FMA 11-8283
July 12, 2005
Mr. Dave Byers, Director of Public Works
Attention: Kirk Ammerman
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
Dear Mr. Ammerman:
Enclosed are an original and three copies of the Freeway Maintenance Agreement 11-8283 for
the maintenance of the bike path along the West Side of Route 5 between the South City Limits
of National City and E Street in Chula Vista. Please sign three copies and return with three
certified copies of your authorized resolution. When the Agreements have been signed by the
State, we will send you one fully executed Agreement and as many confirmed copies as you
request.
Thank you for your prompt attention to this matter.
erely,
yI), 'IV\&W\~
. 'CMANUS I . \ -
p y District Director
in enance
Enclosures
CITY OF CHULA VISTA
RECEIVED
JUL 1 4 2005
PUBLIC WORI<S Of.'ERATiONS
INSPECTlmJ SEFIVICES
"Caltrans improves mobility across California"
19-23
RESOLUTION NO. 2005-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION ("CALTRANS") FOR MAINTENANCE OF THE
BA YSHORE BIKEWAY ALONG THE WEST SIDE OF INTERST ATE 5, FROM
E STREET TO THE CITY'S NORTHERLY BOUNDARY, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY.
WHEREAS, on March 2, 1978, the Redevelopment Agency approved Resolution No. 107
and March 14, 1978, the City Council approved Resolution No. 9035 to enter into a Cooperative
Agreement for Commuter Bikeway Construction with Caltrans, the County of San Diego, and the
Cities of San Diego, National City, Imperial Beach, and Coronado; and
WHEREAS, the 1978 Cooperative Agreement requires the City of Chula Vista to assume
responsibility for maintenance, operation, and associated costs for all portions of the Bayshore
Bikeway with the City's jurisdiction; and
WHEREAS, construction ofthe Bayshore Bikeway within Chula Vista is now complete; and
WHEREAS, the proposed Freeway Maintenance Agreement clarifies the City's maintenance
obligations, allows the City to enter Caltrans' right-of-way to maintain the bikeway facilities, and
outlines both parties' legal relations and responsibilities; and
WHEREAS, per the proposed agreement, maintenance includes, but is not limited to,".. .the
removal of graffiti, debris, and vegetation that may render the path unsafe or unsightly as well as
keeping all portions of the path safe for passage and all signs, if any, in good repair."; and
WHEREAS, staff estimates the total annual cost for maintenance will be about $22,000 per
year, which funds will be provided through the City's budget and appropriation processes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve a Freeway Maintenance Agreement with the State of Cali fomi a Department of
Transportation ("Caltrans") for maintenance of the Bayshore Bikeway along the west side of
Jnterstate 5, from E Street to the City's northerly boundary, a copy of which shall be kept on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
19-24
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to fo= by
Dave Byers
Director of Public Works Operations
}.\attomey\reso\Freeway MaintenanceAgt MBayshol'e Bikeway
19-25
CITY COUNCIL AGENDA STATEMENT
Item: /~ D
Meeting Date:9/13/0S
ITEM TITLE:
PUBLIC HEARING: PSP-OS-08; Consideration of the applicant's appeal of
certain conditions of approval made by the City's Design Review Committee
for a planned sign program for EastLake Design District - International Real
Estate.
SUBMITTED BY:
RESOLUTION: Approving a Planned Sign Program for the Eastlake
Design District. ~
Director OfPlanni/'7~and BUildin~ (4/Sths vote: Yes_No 2Q
City Manager ';I ~ PI?
REVIEWED BY:
DISCUSSION:
Following the close of the public hearing held at the Council meeting of August 23, 2005 this item was
continued to the meeting of September 13'\ 2005. The applicant is currently in the process of
reconsidering the content of their appeal and has requested an additional continuance to the meeting of
September 27,2005. Staff has contacted the speakers who attended the meeting of August 23rd and
informed them of the continuance.
RECOMMENDATION:
Staff recommends this item be continued to the City Council meeting of September 27,2005.
20-1
-
-
International Real Estate
A Divislofl of I.RE Enterprise. Inc.
o Industrial I Commercial Prc,perUes 0
S'fNDP..R'S EMAIL;
MII(P.@I.R!H;SA.COM
September 7, 2005
VIA FACSIMILE NO. (619) 409-5861
Jeff Steichen
Associate Planner
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Eastlake Desien District Si1!R Proe:rai!!
Dear Mr. Steichen:
This letter will confirm that I am requesting a continuance of the above referenced matter to the
City Council. As you know, this matter is currently scheduled for September 13, 2005. 1 am
requesting that it be:: continued to September 27, 2005.
Please call me:: if there is a problem in accomml)dating this request.
Sincerely,
INTERNATIONAL REAL ESTATE
~
Michael A. Vogt
MAV/mg
Olay Mesa: 2297 Niels Bot>' Ct" #210, Sa" DI.go, CA 92154, (619) 661-6681, FAX (619) 681-6685
Galexico: 1754 earr Road, #102, Calexico, ';A 92231. (760) 768-8670, FAX (760) 768-8580
www.i"e..usa.com
20-2 ,~..,...".,
d Ov028lllQS'ON/Lv:SllS/LV:Sl SOOl L 6 (G3M) 3~1 ,'IO~J
II-~ ;(( - <1/J 3/05
~-rom spadilla@chulavistaca.gov
"\..uk',) FW: Mayor & Council Contact Form
'~""e September 12, 2005 3:45:55 PM PDT
ZE ncarnacion@chulavistaca.gov
::<. toriola@chulavistaca.gov
---~-Original Message-----
From: kenn@jxpres.com [mailto:kenn@ixpres.com]
Sent: Monday, September 12, 20053:46 PM
To Stephen Padilla
Subject: Mayor & Council Contact Form
The following information has been received
First Name: Kenn
Last Name Colclasure
Email: kenn@ixpres.com
Message To the members of the Chula Vista City Council:
Sept. t 3th, 2005
I am unable to attend this meeting tonight; therefore, I am sending this
letter to express my perception of the issue regarding the walk-through
from the Apollo II Condos to Rienstra Street below.
For the last 17 years renters of my property have complained of problems
with the residents from the condo complex and their friends using the
walkway as a refuge to party or to peer into their windows and create
disturbances (in some cases confrontations with the renters), and since
2001 I have witnessed the walkway used as an escape route from police.
Also, the walkway has been used as a place to smoke dope and drink late
into the night, thus causing me to loose sleep numerous nights over the
years.
It has been suggested by the police department that fhe walk-through be
removed because it represents a crime area. I feel that this is correct
and that the problem will not be remedied simply by adding additional
lighting. The property management of the condo complex is in agreement
with me on this point.
Please make the right decision and remove the walk-through altogether and
save the city money on clean-up and police calls.
Thank you
Kenn Colclasure
274 East Rienstra St.
Chula Vista
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RECEIVED
15 SEP 13 A11 :39
CITY OF CHULA Vii it,
CITY CLERK'S OFFICf
COUNCIL AGENDA STATEMENT
Item
Meeting Date
"I
,""'..>
09/13/05
ITEM TITLE:
Public Hearing to consider the City's intent to vacate a Pedestrian Access
Easement connecting East Rienstra Street and The Apollo II
Condominium Complex
SUBMITTED BY:
Resolution ordering the vacation of a Pedestrian Access
Easement connecting East Rienstra Street and The Apollo II
Condominium Complex
. ~J:"
City Engineer ~ ~
City Manager f h- ,pf
(4/5ths Vote: Yes: _ No:-XJ
REVIEWED BY:
The City of Chula Vista is considering vacating a pedestrian access easement connecting East
Rienstra Street and The Apollo II Condominium Complex located west of Melrose Avenue and
north of East Orange Avenue. The Paul Miller Company, representative of the Apollo II
Homeowners Association and the owner of the property located at 274 East Rienstra Street has
requested the vacation of the above-mentioned easement. In accordance with Part 3, Chapter 3
of the California Streets and Highways Code, Council adopted the Resolution of Intention No.
2005-276 setting a public hearing for September 13, 2005 at 6:00 p.m. in the Council Chambers
to consider the vacation of the easements. In order to vacate, Council must adopt a resolution
ordering the vacation of the easement.
RECOMMENDATION: That Council hold the subject public hearing and adopt a resolution
ordering the vacation of a pedestrian access easement connecting East Rienstra Street and The
Apollo II Condominium Complex.
BOARDS/COMMISSIONS RECOMMENDATIONS: None.
DISCUSSION:
Over the past two years the City has been in communication with representatives of the Apollo II
Homeowners Association and the owner at 274 East Rienstra Street. These communications
have been in regard to the rising crime and graffiti problems associated with the subject
pedestrian access easement. The Easement was originally offered to and accepted by the City on
Map 6920, Apollo Unit Number II, recorded on May 4, 1971 and on Map No. 6850 Apollo Unit
Number I, recorded on February 22, 1971 (See Attached Exhibit A and B). The easement was
for use as access from the condominium complex to East Rienstra Street. Over the years it has,
by virtue of its location, become the source of numerous complaints about graffiti, disturbances
21-1
Page 2, Item ~ \
Meeting Date 09/13/05
and criminal activities. A review of police statistics for the period between May 2004 and May
2005 shows significant activity in the area near the pedestrian access easement.
Because this easement is solely for the benefit of the homeowners of Apollo II and since the
Homeowners Association has requested that the easement be removed to alleviate crime, the
easement may not be needed for public use. It is staffs recommendation that a Public Hearing
be held to consider the vacation of this easement.
In September of 2003, staff mailed correspondence to the Apollo II Homeowners Association
and to the property owner at 274 East Rienstra Street, the properties adjacent to the subject
pedestrian easement. The purpose of those letters was to inform the property owners of the
procedures the City must take in order to legally vacate the easement. The letter to the Apollo II
Homeowners Association also included a request that the City be provided evidence in the form
of a formal resolution from the property owners within the complex endorsing abandonment of
the pedestrian easement. The City never received such a resolution. The property owner at 274
East Rienstra is highly supportive of the vacation of this easement.
Repeated criminal activity reported by the Police Department along with numerous complaints
from nearby residents has forced staff to proceed with this public hearing without the benefit of
knowing if there is support from the condominium complex for which the pedestrian easement
serves.
Should Council approve this Resolution, staff intends to demolish the pedestrian walkway and
the stairway using City Public Works personal. The steel guardrails will be removed from the
site and the broken concrete will be incorporated with imported soil to restore and stabilize the
adjacent slope. Fencing will then be relocated to close access to this area. Prior to initiating the
demolition of the pedestrian walkway and stairway, the affected property owners must enter into
a Right Of Entry Agreement with the City whereby they agree to hold the City harmless and
disclaim any liability related to the demolition work. The vacation will become effective upon
completion of this demolition work.
The vacation of the pedestrian access easement will not affect the existing public drainage
easement or facilities located within 274 East Rienstra Street. There are no non-city utilities
within the easement proposed for vacation.
Residents of the Apollo II Condominium Complex will still have pedestrian access to East
Rienstra Street via Melrose Avenue should Council approve the vacation of the pedestrian
easement. This pedestrian route will add approximately 1/10th of a mile to the same point on
East Rienstra Street where the pedestrian easement is currently located. Castle Park High School
is located approximately Y:. mile to the west of the Apollo II Condominiums at East Rienstra
Street and Hilltop Drive.
21-2
Page 3, Item ;) I
Meeting Date 09/13/05
Staff posted conspicuously notices of vacation along the easements proposed to be vacated and
published the notice of the hearing in a local newspaper in accordance with the requirements of
the California Streets and Highways Code, Chapter 3.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
FISCAL IMPACT: In September 2003, City Staff agreed to process this vacation without
requiring the standard deposits due to public health and safety issues raised. We estimate that
the cost of utilizing City Staff and equipment to process this easement vacation, demolishing the
paved access and stairway and stabilizing the slope will be approximately $25,000. Existing
appropriations within the Public Works department will be utilized and therefore no additional
net impact to General Fund reserves is anticipated. Savings related to future maintenance costs
is anticipated due to reduced graffiti abatement and Police response calls.
Attachment:
Exhibit A: Vicinity Map of the Proposed Easement to be vacated
Exhibit B: Subdivision Maps 6850 and 6920 showing easement
J :\Engineer\AGENDA \C ASZ005\09.13..Q5\RienstraPedEsrrmtVacation.sh.doc
21-3
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RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A
PEDESTRIAN ACCESS EASEMENT CONNECTING EAST
RIENSTRA STREET AND THE APOLLO II
CONDOMINIUM COMPLEX
WHEREAS, the City of Chula Vista is considering vacating a Pedestrian Access
Easement ("Easement") connecting East Rienstra Street and the Apollo II Condominium
Complex, and,
WHEREAS, the City has received correspondence from the Board of Directors of the
Apollo II Homeowners Association and from the owner of an 274 East Rienstra, properties that
said Easement crosses, both requesting that the City consider vacating this Easement, and,
WHEREAS, as reflected more fully in the agenda statement for this item and in the
testimony at the public hearing, the area in proximity to the Easement has been the subject of
police reports regarding criminal activity, including reports of graffiti; and
WHEREAS, residents in the Apollo II Condominium Complex will continue to have
pedestrian access to East Reinstra St. via Melrose Avenue; and
WHEREAS, in accordance with Part 3, Chapter 3 of the California Streets and
Highways Code, Council must hold a public hearing in order to consider the vacation of the
Easement; and,
WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation of
these easement; and,
WHEREAS, on August 9, 2005, Council adopted the Resolution of Intention No. 2005-
276 setting a public hearing for September 13, 2005 at 6:00 p.m. in the Council Chambers to
consider the vacation of the easement; and
NOW, THEREFORE, BE IT RESOLVED that, after conducting the public hearing
and considering the evidence submitted, the City Council finds that the Pedestrian Access
Easement connecting East Rienstra Street and The Apollo II Condominium Complex, as
dedicated to the City of Chula Vist,a on Map 6920, Apollo Unit Number II, recorded on May 4,
1971 and on Map No. 6850 Apollo Unit Number I, recorded on February 22, 1971 is
unnecessary for present or prospective public use, reserving there from an existing easement for
drainage purposes over a portion of the Pedestrian Access Easement dedicated to the City on said
Map No. 6850, and also reserving there from any existing easements for any utility purposes.
BE IT FURTHER RESOLVED that the vacation shall not be effective until the City
Engineer makes a written finding that the pedestrian walkway and stairs have been demolished.
BE IT FURTHER RESOLVED that, following the City Engineer's written finding that
demolition work is complete, the City Clerk is hereby directed to cause a certified copy of this
resolution of vacation, attested by the Clerk under seal, to be recorded without
21-7
Resolution No.
Page 2
acknowledgement, certificate of acknowledgement, or further proof in the Office of the Recorder
of the county in which the property is located. Upon such recordation, the vacation shall be
effective.
Presented by
Approved as to form by
2h/7 P./l/.,U_
Moore
City Attorney
Sohaib Al-Agha
City Engineer
21-8
COUNCIL AGENDA STATEMENT
Item ~:;c.
Meeting Date 9/13/05
ITEM TITLE:
Public Hearing on Intention to Form Assessment District 2005-1 (Tobias
Drive)
SUBMITTED BY:
Resolution Declaring the Results of the Assessment Ballot
Tabulation for Assessment District No. 2005-1 (Tobias Drive), Making
Findings Pursuant the Improvement Act of 1913 and Article XIIID of the
Constitution of the State of California, and Ordering the Construction of
Improvements
Director of General Services ~ ~
City Manager 1~ yf.
(4/5ths Vote: Yes _ NoX)
REVIEWED BY:
Residential properties along Tobias Drive, between Naples Street and Oxford Street, are currently
without curbs, gutters, or sidewalks. Thirty of the thirty-nine property owners have signed a petition
requesting that special assessment district proceedings be commenced for the purpose of financing
the construction ofthese improvements. Staffhas completed preliminary design and cost estimates
for this project. On July 19,2005 Council adopted Resolutions Nos. 2005-255, 2005-256 and 2005-
257, which accepted the petition, approved the proposed boundary map and preliminary Assessment
Engineer's Report, set a public hearing and ordered the initiation of ballot proceedings.
RECOMMENDATION: That Council:
1. Hold the public hearing, receive testimony, and close the public hearing;
2. Tabulate the results of the Assessment Ballot procedure; and
3. Approve the resolution making findings at the public hearing pursuant to Chapter 27 of
the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of
the State of California ("Article XIIID"), and Ordering the Construction of
Improvements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 19, 2005 Council adopted Resolutions 2005-255, 2005-256 and 2005-257 (Attachment A).
Resolution 2005-255 accepted the petition requesting the formation of an Assessment District for
Tobias Drive (Naples Street to Oxford Street) and Resolution 2005-256 adopted the map showing
the proposed boundaries for Assessment District 2005-01. Resolution 2005-257 declared the
intention to form the assessment district, approved the Preliminary Assessment Engineer's Report,
ordered the installation of improvements, and set the time and place for the public hearing.
22-1
Page 2, Item ::'~d
Meeting Date 9/13/05
The Preliminary Engineer's Report (attached) includes the preliminary assessment, which was
presented on the property owners' ballots. The total estimated construction cost, including the City's
share, is $1,011,100.00, of which the property owners' share is estimated to be $210,170.00 to cover
the cost of constructing the concrete driveways only.
Ballots and ballot materials were originally mailed to property owners on July 20, 2005. The
property owners were informed that the ballots needed to be received by the City Clerk's office prior
to 5 :00 pm on September 13, 2005 in order to be counted.
In accordance with Article XIllD of the California Constitution, property owners may give testimony
at the public hearing or submit a new ballot. The ballots shall remain sealed until the public hearing
is closed. At that point, the ballots will be tabulated and weighed based on the financial
responsibility of the property owners. The ballot initiative will pass if 50 percent or more of the
weighted vote is in favor of establishing the district.
If the ballot initiative passes and the resolution is adopted by Council, the Superintendent will
proceed with completion of the design process and cause the construction of the improvements in the
proposed assessment district.
Following completion of the construction of the improvements, City staff will confIrm the fInal
assessments. So long as the [mal assessments are equal to or less than the assessments approved by
the property owners pursuant to the assessment ballot procedure, no further public hearing will be
necessary. If, however, the [mal assessments exceed the assessments approved by the property
owners, it would be necessary for the City to conduct a further public hearing and assessment ballot
proceeding in order to authorize the levy of assessments in the higher amounts. Following
confIrmation of the fInal assessments, the property owners will have the option of paying any portion
of the assessments during the 30-day payoff period following acceptance of improvements and
confIrmation of assessments. If assessments are not fully paid during that time, the City customarily
collects the unpaid balance on the tax roll over a period of ten years, together with interest on the
unpaid principal at an interest rate consistent with the City's expected investment earnings rate of
return. This rate has been approximately 5 percent historically. Low-income residents are offered
two additional deferral options. Property owners may pay the balance of their assessments at any
time during the ten-year repayment period without penalty.
22-2
Page 3, Item ~ :;2
Meeting Date 9/13/05
FISCAL IMPACT: The total cost of this project is estimated to be $1,011,100.00. In addition, it is
estimated that property owners will repay $210,170.00 of the cost of the project over a ten-year
period. Staff will return to Council to appropriate sufficient funds trom the available balance of the
Jobs to Housing fund necessary to complete the project, as well as approve and award a construction
contract.
Attachments:
I. Resolutions 2005-255, 2005-256, 2005-257
2. Preliminary Engineer's Report
3. Boundary Area Map
M:\General Services\GS Administration\CounciI Agenda\STL-301 Tobias Drive\Tobias Drive. Public Hearing AIl3 September200S FINALJcm.doc
22-3
ATT ,A,CH\\i1EN1
lev
RESOLUTION NO. 2005-255
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR TOBIAS
DRIVE (NAPLES STREET TO OXFORD STREET) FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION OF
STREET IMPROVEMENTS
WHEREAS, the City Council of the City of Chula Vista has been presented and has
received a petition from certain property owners requesting the installation of certain sidewalk
improvements, together with appurtenances and appurtenant work in connection therewith, such
improvements to be installed pursuant to the provisions and authority of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of
California and City Council Ordinance No. 2952; and
WHEREAS, such petition requests that such improvements be fmanced through the
formation of an assessment district, such assessment district to be known and designated as
Assessment District No. 2005-1 (Tobias Drive) (Assessment District).
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. It is hereby found that:
A Such petition has been signed by the owners owning land constituting more than sixty
percent (60%) of (i) the front footage of the unimproved portion of the block requested
by such owners to be improved and (ii) all assessable land proposed to be included within
the boundaries of the Assessment District.
B. Such petition meets all of the requirements of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and
Highways Code of the State of California.
C. The property owners have waived the sixty (60) day period within which such owners are
required to construct the sidewalk improvements.
SECTION 3. No further proceedings or limitations under the Investigations Act shall be
applicable to these proceedings.
SECTION 4. This petition shall be as a part of the record of these proceedings and shall be
open to public inspection as required by law.
22-4
Resolution No. 2005-255
Page 2
Presented by
Approved as to form by
Jack
Gene
0.... ~
Ann Moore
City Attorney
- .__ - _....n_.__.._ .. __.....
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
/sd~RLU
ATTEST:
~ _ ~u. J. A...... ~~ J,~ ~
Susan Bigelow, MMC, City Ckr-k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-255 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of July, 2005.
Executed this 19th day ofJuly, 2005.
~ ~ J. ''''-l-=t~J'o-/
Susan Bigelow, MMC, City C k
22-5
P. T'T ;; (....;....; \'1}1 E )\,f-r
lb
RESOLUTION NO. 2005-256
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT
NO. 2005-1 (TOBIAS DRIVE)
WHEREAS; the CitY Council of the City of Chiihi VIsta has been presentea imd has
received a map showing and describing the boundaries of the area proposed to be assessed in an
assessment district under the provisions and authority of the "Municipal Improvement Act of
1913," being Division 12 of the Streets and Highways Code of the State of California and City
Council Ordinance No. 2952; said assessment district known and designated as Assessment
District No. 2005-1 (Tobias Drive) (the "Assessment District").
NOW, THEREFORE, BE 1 T RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true arid correct.
SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the proposed acquisition
of certain public improvements designated as "Proposed Boundaries of
Assessment District No. 2005-1 (Tobias Drive)" is hereby submitted, and the
same is hereby approved and adopted.
SECTION 3. The original map of the boundaries of the proposed Assessment District and one
copy thereof is to be filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map
of the Assessment District, evidencing the date and adoption of this Resolution,
and within fifteen (15) days after the adoption of the Resolution fixing the a time
and place of hearing on the formation or extent of the Assessment District, a copy
of such map shall be filed with the correct and proper endorsements thereon with
the County Recorder, all in the manner and form provided in Section 3111 of the
Streets and Highways Code of the State of California.
Presented by Approved as to form by
~~
Ann Moore
City Attorney
22-6
Resolution No. 2005-256
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
~ _-tu 0. I --;~'zJ ,n )
SilsiiI:t Bigelow, MMC, City ~Ierk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-256 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of July, 2005.
Executed this 19th day ofJuly, 2005.
~
~ ~4--l :t---<;'~ C'>
Susan Bigelow, MMC, City CI k
22-7
ATTACHMENT
it!-
RESOLUTION NO. 2005-257
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE INTENT TO FORM
ASSESSMENT DISTRlCT NO. 2005-1 (TOBIAS DRlVE),
APPROVING THE PRELIMINARY ASSESSMENT
ENGINEER'S REPORT, SETTING THE TIME AND PLACE
FOR PUBLIC HEARINGS AND ORDERlNG THE INlTIA TION
GFB-AI:J..;(}'fPRGeEDURES
WHEREAS, the City Council of the City of Chula Vista (City), has been presented with
and has received a petition from certain property owners requesting the installation of certain
sidewalk improvements, together with appurtenances and appurtenant work in connection
therewith, such improvements to be installed pursuant to the provisions and authority of the
"Municipal Improvement Act of 1913" (being Division 12 of the California Streets and
Highways Code) and City Council Ordinance No. 2952; and
WHEREAS, the City Council, acting in response to such petition, desires to initiate
proceedings to order the installation of the requested improvements; and
WHEREAS, the City Council, acting in response to such petition, also desires to initiate
proceedings to form an assessment district to pay for the proj ect pursuant to the provisions of the
Streets and Highway Code, Article XIIID of the Constitution of the State of California ("Article
XIIID") and the "Proposition 218 Omnibus Implementation Act" (Government Code Section
53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913,
Article XIIID and the Implementation Act may be referred to collectively herein as the
"Assessment Law"); and
WHEREAS, the assessment district shall be known and designated as Assessment
District No. 2005-1 (Tobias Drive) (Assessment District); and
WHEREAS, there has been prepared and filed with this legislative body a report (Report)
of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment
District as provided for in and required by the Assessment Law and the Report has been
presented to this legislative body for its consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Assessment District. The public interest and convenience requires, and this City
Council hereby declares its intent to form an assessment district to pay for the public
improvements described in section 3, below, and as further described in the report. To the extent
surplus funds exist after completion of the improvements and payment of all claims from the
improvement fund, the City shall distribute those funds in accordance with Section 10427 of the
Municipal Improvement Act of 1913.
22-8
Resolution No. 2005-257
Page 2
SECTION 3. Description ofImprovements. The public interest and convenience requires, and
this City Council hereby declares its intent to form an assessment district to pay for the following
public improvements:
Curb, gutter, sidewalk and street improvements along both sides of
Tobias Drive from Naples Street to Oxford Street. More
specifically, property owners shall (only) be required to pay for
drive\Y;iY apron.s !Ul<:l the relocatiQIl of privaJeimpmY~ql~!l~ m the
City's right-of-way.
SECTION 4. Plans and Specifications. All of the above mentioned improvements shall be
generally constructed at the grades, along the lines, between the points, and at the places and in
the manner as shown on the plans and specifications for such improvements designated by the
name and number of the Assessment District which are on file in the office of the City Engineer.
For all particulars as to the alignment of the improvements and a full and detailed description of
such improvements, referenced is hereby made to such plans and specifications.
SECTION 5. Area of Special Benefit. The improvements, in the opinion of this City Council,
will be of special benefit to the abutting and fronting properties and, subject to support by the
owners of the properties proposed to be assessed of the levy of such assessments pursuant to the
assessment ballot procedures described below, this City Council hereby makes the expenses of
such improvements assessable upon the properties within the proposed boundaries of the
Assessment District. For a general description of the Assessment District and area of special
benefit, reference is made to the map of the boundaries of the ASSessment District identified as
"Proposed Boundaries of Assessment District No. 2005-1 (Tobias Drive)." A copy of such map
is on file in the office of the City Engineer and open to public inspection during normal office
hours of such department.
SECTION 6. Construction of the Improvements. This City Council fmds that the owners of the
properties within the proposed boundaries of the Assessment District have, pursuant to Streets
and Highways Code Section 5879, waived the sixty (60) day period within which such owners
may construct such improvements. Therefore, the City Council hereby orders the Superintendent
of Streets to cause the construction of the improvements. Such order shall be subject to the
condition precedent that the owners of the properties proposed to be assessed for the costs of
such construction support, through the assessment ballot proceedings, the levy of such
assessments.
SECTION 7. Authority for Construction. All of the construction proposed shall be done and
carried through and financed pursuant to the applicable provisions of the Municipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 8. Approval of the Report. The Report referred to herein above is adopted, passed
upon, and preliminarily approved, and contains the following:
A. The plans and specifications for the improvements proposed to be constructed;
22-9
Resolution No. 2005-257
Page 3
B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the
construction of the improvements and of the. incidental expenses in connection therewith
contained in the Report including that portion of such costs and expenses representing the special
benefit to be conferred by such improvements on those parcels within the Assessment District;
C. The diagram showing the Assessment District .and the boundaries and dimensions of the
respective subdivisions of land within such Assessment District, as the same existed at the time
of the passage of this resolution, each of which subdivisions have been given a separate number
.upon such. dIagram, as contained in the Report;
.
D. The proposed assessment upon the several subdivisions of land in the Assessment
District, in proportion to the estimated special benefits to be conferred on such subdivisions,
respectively, by the improvements to be constructed, and of the incidental expenses thereof, as
contained in the Report; and
E. A description of the improvements to be constructed.
The Report shall stand as the Report of the Assessment Engineer for the purpose of all
subsequent proceedings had pursuant to the Assessment Law.
SECTION 9. Notice of Public Hearing. Notice is hereby given that a public hearing to consider
protests to the proposed assessments is hereby scheduled to be held at the City Council meeting
room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, California on
September 13, 2005 at 6:00 p.m. As such public hearing, the City Council will hear and pass
upon objections or protests, if any, which may be raised orally or in writing by any property
owner or any other interested person.
In addition, pursuant to the provisions of the Assessment Law, each record owner of
property proposed to be assessed has the right to submit an assessment ballot in favor of or in
opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located within the
Assessment District and subject to a proposed assessment. Each such owner may complete such
assessment ballot and thereby indicate their support for or opposition to the proposed assessment.
All such assessment ballots must be received by the City Clerk at the following address at or
before the time set for the close of the public hearing:
City Clerk, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
An assessment ballot received after the close of the public hearing will not be tabulated
even though the postmark on the envelope transmitting the assessment ballot is dated on or
before the date of the public hearing.
22-10
Resolution No. 2005-257
Page 4
At the conclusion of the public hearing, the City Council shall cause the fmal tabulation
of the assessment ballots timely received. If a majority protest exists, the City Council shall not
impose an assessment within the Assessment District. A majority protest exists if, upon the
conclusion of the public hearing, assessment ballots submitted in opposition to the assessments
within the Assessment District exceed the assessment ballots submitted in favor of such
assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted
according to the proportional financial obligation of the affected property.
.
SECTION 10. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be
mailed notice of the public hearing and the adoption of this and of the filing of the Report,
together with the assessment ballot materials, to the record owner of all real property proposed to
be assessed.
-- .-. ~ -- ~ ..
Presented by
Approved as to form by
~~
General Services
Ann Moore
City Attorney
22-11
Resolution No. 2005-257
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 19th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
&~~~--t~~
Stephen C. Padilla, Mayor
ATTEST:
~ - "":>1u 6 .l ~;C4 f) If" .J
SUSan Bigelow, MMC, City CI~k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-257 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of July, 2005.
Executed this 19th day of July, 2005.
-c -=:w 6.J- qJ ~
Susan Bigelow, MMC, City Cler
22-12
4.TT A.GHMENT ~
PRELIMINARY
ENGINEER'S REPORT
TOBIAS DRIVE SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
AD 2005-01
JUNE 7,2005
22-13
Backe:round
Tobias Drive, between Naples Street and Oxford Street in Chula Vista, is a residential
street with a 60-foot width of right-of-way and is located within the Castle Park area of
the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to
the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the
south. Existing improvements along Tobias Drive generally consist of asphaltic concrete
pavement with no curb-and-gutter.
In November 2003, thirty Tobias Drive property owners submitted a petition to the City
requesting the initiation of proceedings to form an assessment district in accordance with
the Improvement Act of 1913. This district would finance the construction of the missing
curb, gutter and sidewalk and other street improvements along Tobias Drive, from Naples
Street to Oxford Street.
The City currently has a policy regarding participation in 1913 Block Act proceedings.
According to this policy, the City will provide all engineering, inspection and
administrative services at no cost to the property owners. It is the City's responsibility to
relocate or replace all existing public improvements, which would be in conflict with the
new improvements, including utilities, and costs associated with construction of the curb,
gutter and sidewalk, and street reconstruction. These costs would not be assessed to the
property owners. The property owners would be responsible to pay for all costs
associated with the driveway apron construction and any costs associated with the
relocation of private improvements (only if private improvements are located in the
public right-of-way).
2 22-14
Overall Desi!!:n and Cost Estimate
The project area and general location of improvements are shown on Exhibit A, the
Proposed Boundary Map for Assessment District 2005-1, Tobias Drive. The properties,
which will benefit from these improv=ents and would be a part of the district, are as
follows:
Address Parcel Number
1101 Tobias Drive 619-162-01-00
1109 Tobias Drive 619-162-02-00
1115 Tobias Drive 619-162-03-00
1119 Tobias Drive 619-162-04-00
1123 Tobias Drive 619-162-05-00
1129-31 Tobias Drive 619-162-06-00
1133 Tobias Drive 619-162-07 -00
1139 Tobias Drive 619-162-08-00
1143-45 Tobias Drive 619-162-09-00
1149 Tobias Drive 619-162-10-00
1155 Tobias Drive 619-163-11-00
1159 Tobias Drive 619-163 -12-00
1163 Tobias Drive 619-163-13-00
1169 Tobias Drive 619-163-14-00
1175 Tobias Drive 619-163-15-00
1179 Tobias Drive 619-163-16-00
1183 Tobias Drive 619-163-17-00
1187 Tobias Drive 619-163-18-00
1191 Tobias Drive 619-163-19-00
1102 Tobias Drive 619-152-14-00
1108 Tobias Drive 619-152-13-00
1114 Tobias Drive 619-152-12-00
1118 Tobias Drive 619-152-11-00
1124 Tobias Drive 619-161-01-00
1128-30 Tobias Drive 619-161-02-00
1134 Tobias Drive 619-161-03-00
1138 Tobias Drive 619-161-04-00
1144 Tobias Drive 619-161-05-00
1148 Tobias Drive 619-161-06-00
1156 Tobias Drive 619-163-10-00
1158 Tobias Drive 619-163 -09-00
1160 Tobias Drive 619-163-08-00
1168 Tobias Drive 619-163-01-00
1174 Tobias Drive 619-163-02-00
1178 Tobias Drive 619-163-03-00
1184 Tobias Drive 619-163 -04-00
1188 Tobias Drive 619-163-05-00
1192 Tobias Drive 619-163 -06-00
1198 Tobias Drive 619-163-07-00
3 22-15
The improvements include reconstruction of the asphaltic concrete street, construction of
monolithic curb, gutter and sidewalk, and miscellaneous associated drainage facilities.
The sidewalk will be five feet wide. Where driveways are located, a driveway apron will
be constructed to provide a transition between the street, the sidewalk and the driveways.
Several properties have fences or walls within the City's right-of-way, which will need to
be relocated or reconstructed to construct the street improvements.
The total construction cost for the project is estimated to be $650,000.00. This estimate
is based on the preliminary design and an additional 15 percent contingency amount
(approximately $97,500.00) has been added to this figure to cover any unforeseen factors.
City staff costs for "design, inspection and associated soil testing are estimated to be an
additional $263,600.00. The total project cost, which includes construction and staff
costs, is estimated to be $1,01l,100.00.
Method of Apportionment
The City of Chu1a Vista has offered the Castle Park area property owners an incentive to
fo= an Assessment District for the installation of street improvements. The City would
pay for replacement of existing improvements and City staff costs related to planning,
design, surveying and construction inspection. Property owners would be required to pay
for the driveway aprons and the relocation of private improvements within the City right-
of-way. The property owners' responsibility has a total estimated cost of$210,170.00.
Costs must be apportioned to each property based on the area of the driveway aprons
along the property's frontage and any private improvement relocation within the City's
right-of-way. The cost breakdown in this Engineer's Report will be reviewed after the
project has been constructed. At that time, all quantities and costs will be known. The
assessment for each individual property cannot be increased without another ballot
process.
422-16
The breakdown of construction costs among the thirty-nine properties within the district
is shown below. For each property, the square footage of driveway apron was
individually calculated. The calculation was broken into two parts: the actual driveway
and the wing area on each side of the driveway, which provides a transition between the
driveway and the sidewalk.
Address Parcel Number PreliminarY Assessment
11 0 1 Tobias Drive 619-162-01-00 $4,680.00
1109 Tobias Drive 619-162-02-00 $7,180.00
1115 Tobias Drive 619-162-03-00 $4,770.00
1119 Tobias Drive 619-162-04-00 $5,960.00
1123 Tobias Drive 619-162-05-00 $6,900.00
1129-31 Tobias Drive 619-162-06-00 $6,990.00
1133 Tobias Drive 619-162-07 -00 $4,710.00
1139 Tobias Drive 619-162-08-00 $5,440.00
1143-45 Tobias Drive 619-162-09-00 $4,630.00
1149 Tobias Drive 619-162-10-00 $4,900.00
1155 Tobias Drive 619-163-11-00 $6,760.00
1159 Tobias Drive 619-163-12-00 $4,500.00
1163 Tobias Drive 619-163-13-00 $4,360.00
1169 Tobias Drive 619-163-14-00 $5,120.00
1175 Tobias Drive 619-163-15-00 $4,110.00
1179 Tobias Drive 619-163-16-00 $4,360.00
1183 Tobias Drive 619-163-17-00 $4,360.00
1187 Tobias Drive 619-163-18-00 $5,320.00
1191 Tobias Drive 619-163-19-00 $4,360.00
1102 Tobias Drive 619-152-14-00 $9,030.00
1108 Tobias Drive 619-152-13-00 $7,170.00
1114 Tobias Drive 619-152-12-00 $4,630.00
1118 Tobias Drive 619-152-11-00 $7,030.00
1124 Tobias Drive 619-161-01-00 $5,170.00
1128-30 Tobias Drive 619-161-02-00 $4,900.00
1134 Tobias Drive 619-161-03-00 $5,170.00
1138 Tobias Drive 619-161-04-00 $6,440.00
1144 Tobias Drive 619-161-05-00 $5,170.00
1148 Tobias Drive 619-161-06-00 $4,360.00
1156 Tobias Drive 619-163-10-00 $4,900.00
1158 Tobias Drive 619-163-09-00 $4,360.00
1160 Tobias Drive 619-163-08-00 $5,040.00
1168 Tobias Drive 619-163-01-00 $7,180.00
1174 Tobias Drive 619-163-02-00 $4,380.00
1178 Tobias Drive 619-163-03-00 $4,360.00
1184 Tobias Drive 619-163-04-00 $4,360.00
1188 Tobias Drive 619-163-05-00 $5,040.00
1192 Tobias Drive 619-163 -06-00 $7,030.00
1198 Tobias Drive 619-163-07-00 $5,040.00
TOTAL $210,170.00
5 22-17
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$11cN"
RESOLUTION NO. 2005-
RESOLUTION DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2005-1 (TOBIAS DRNE), MAKING FINDINGS
PURSUANT THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"),
CALIFORNIA, has been presented with and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements and related appurtenance work (the
Improvements"), such Improvements to be installed pursuant to the provisions and authority of
the "Municipal Improvement Act of 1913" (being Division 12 of the Streets and Highways Code
of the State of California) and City Council Ordinance No. 2952; and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highway Code, Article xmD of the Constitution of the State of California ("Article XIIID") and
the "Proposition 218 Omnibus Implementation Act" (Government Code Section 53750, et seq.
the "Implementation Act") (the Municipal Improvement Act of 1913, Article xnrD and the
Implementation Act may be referred to collectively as the "Assessment Law");
WHEREAS, the assessment district has been designated as Assessment District No.
2005-1 (Tobias Drive) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. Plans and specifications of the Improvements;
B. An estimate of the cost of the construction of the Improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
Improvements on the parcels within the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
District, with each of which subdivisions given a separate number upon such
diagram;
22-19
D. The proposed assessment of the assessable costs and expenses of the construction
of the Improvements upon the several divisions ofland in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such Improvements. Such assessment refers to
such subdivisions upon such diagram by the respective numbers thereof; and
E. A description of the Improvements.
WHEREAS, notices of such hearing accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given; and
WHEREAS, at this time all assessment ballots submitted pursuant to the Assessment
Law have been tabulated, all in the manner provided by the Assessment Law; and
WHEREAS, at this time this City Council determines that the assessment ballots received
by the City in favor of the proposed assessment, and weighted as required by the Assessment
Law, exceed the assessment ballots received in opposition to the assessment and similarly
weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTIONl. RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted
pursuant to the Assessment Law in favor of the proposed assessment, and weighted as required
by the Assessment Law, exceed the assessment ballots submitted in opposition to such proposed
assessment and similarly weighted and it is therefore determined that a majority protest pursuant
to Assessment Law to the levy of the proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment
Engineer's Report and the testimony and other evidence received at the public hearing, it is deter-
mined that:
A. All properties within the boundaries of the Assessment District receive a special
benefit from the Improvements;
B. The proportionate special benefit derived by each parcel proposed to be assessed
has been determined in relationship to the entirety of the cost of construction of
the Improvements;
C. No assessment is proposed to be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit to be conferred on such parcel
from the Improvements;
22-20
D. Only special benefits have been assessed; and
E. There are no parcels which are owned or used by any agency as such tenn is
defined in Article XIIID, the State of California or the United States that specially
benefit from the Improvements.
SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. This City Council fmds that the
owners of the properties within the proposed boundaries of the Assessment District have,
pursuant to Streets and Highways Code Section 5879, waived the sixty (60) day period within
which such owners may construct such improvements. Therefore, the City Council orders the
Superintendent of Streets to cause the construction of the improvements.
SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall
be done and carried through and financed pursuant to the applicable provisions of the Municipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 7. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the
construction of the Improvements, the Superintendent of Streets is ordered to prepare and file
with this City Council a Final Assessment Engineer's Report that shall contain all of the
infonnation contained in the Preliminary Engineer's Report modified to reflect the actual cost of
construction of the Improvements. If the actual construction costs of the District's improvements
do not exceed the cost estimate included in the Final Engineer's Report and reflected in the
assessments shown on the assessment ballots, the assessments shall be reduced by City Council
resolution without a public hearing. Conversely, if the actual construction costs do exceed the
cost estimate included in the Final Engineer's Report and recovery of such excess costs would
require an increase in the assessments previously levied, approval of such increase in the
assessments shall require a subsequent public hearing and assessment ballot proceeding.
Presented by
Approved as to fonn by
Jack Griffin
Director of General Services
homelauorneylresolslreellTobias Drive AD 2005.J Ballot Tabu/ation.doc
22-21
PAGE 1, ITEM NO.:
MEETING DATE:
)~
t?' ~.
09/13/05
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
RESOLUTION AUTHORIZING CHANGES TO CITY POLICY 453-02
RELATED TO THE DEVELOPMENT OF AFFORDABLE FOR SALE
HOUSING FOR FIRST TIME LOW-INCOME BUYERS
(,
COMMUNITY DEVELOPMENT DIRECTOR
CITY MANAGER d( W"L P{
SUBMITTED BY:
REVIEWED BY:
4/5'"5 VOTE: YES D NO 0
BACKGROUND
Staff is recommending changes to the City Council's Affordable For Sale Housing Policy 453-02.
This Policy was adopted on December 9, 2003 and contains development guidelines, program
requirements and buyer selection criteria. Since its adoption, staff has evaluated the effectiveness of
the policy and concludes that changes are warranted, including revision of the selection criteria to
add a preference for residents of Chula Vista, and other minor alterations to the policy.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution amending the City Council's
affordable for sale housing Policy 453-02.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The existing Affordable For Sale Housing Policy has been in place for nearly two years during
which time two developments have utilized the Policy. Staff and the developers of both affordable
for sale proiects recommend clarification of the selection criteria and the underwriting and equity
sharing requirements. Furthermore, staff is interested in establishing a priority preference for city
residents. The changes proposed at this time would more ably assist developers who are currently
engaged in the planning process for develapments that are proposing an affordable for-sale
component.
Sedona in Rolling Hills Ranch and Mar Brisa in San Miguel Ranch are two active developments
currently utilizing this Policy. Both projects include units that have been set aside to provide new
23-1
PAGE 2, ITEM NO.: d '3
MEETING DATE: 09/13/05
construction, and low-income buyers have been purchasing and moving into the units since April
of this year. The applications for Mar Brisa are currently being reviewed by Wells Fargo Home
Mortgage, the builder's designated lender, and city staff.
Both projects received a significant number of applications fram qualified applicants who are
Chula Vista residents. Since the Policy does not currently establish a priority for City residents
many of these well-qualified applicants were not selected to purchase available units. Staff
believes that by including a preference for local residents, the policy will provide Chula Vista
citizens with greater opportunities to buy a home, which is increasingly difficult in today's elevated
real estate market.
Staff and developers have also determined that some of the requirements within the Policy are
not structured effectively given the lengthy review period and the pool of applicants, who often
have a difficult time understanding the requirements that they must meet for eligibility. The
revisions to address these issues include: (1) clarifying that all applicants must be first-time buyers
(2) providing a definition of first-time buyers (3) allowing staff the ability to consider secondary
selection criteria in cases where there are multiple qualified buyers with an equal number of
points and (4) modifying some language within the Policy to better describe the program
requirements, specifically the City's underwriting criteria and the equity share concept.
It is expected that the Housing Element for 2005-2010 will be brought forward for Council
consideration in December of this year. As a policy document, the Affordable For Sale Housing
Policy is tied to the Housing Element, but the proposed modifications are being presented at this
time due to the number of developers who are currently in the planning process for projects that
are proposing an affordable for-sale component. There are currently two projects being
processed that will likely begin construction in 2006, and therefore, the timely approval of
modifications to the Policy will assist in ensuring that the developments are structured
appropriately.
The proposed madifications are more fully described in the narrative below.
RECOMMENDED REVISIONS TO POLICY
Proposed Local Preference
There are two major categories of residency restrictions: durational and bona fide. A durational
residency requirement is defined as that which provides a benefit based upon the amount of time
the applicant has resided in the jurisdiction. A bona fide residency requirement simply requires
an applicant to reside in the jurisdiction, regardless of the length of time. Generally durational
residency requirements implicate the fundamental right to travel and are often subject to strict
scrutiny when reviewed by the courts. These are often found to be unconstitutional. A bona fide
residency requirement is only subject to a rationale relation test and is usually upheld by the
courts. In light of this, staff is recommending rewriting the policy to provide preference or
additional points to residents provided there was no minimum time requirement.
23-2
PAGE 3, ITEM NO.:
MEETING DATE:
.-n~.
.-.,../
09/13/05
The Buyer Selection Criteria is currently written as follows:
5 poi nts
3 points
2 points
1 point
Households which are displaced from their primary residence as a result of any of
the following: (i) expiration of affordable housing covenants applicable to such
residence; (ii) an action of City or Agency; (iii) closure of a mobilehome or trailer
park community in which the household's residence was located; or (iv) a
condominium conversion involving the household's residence. One member in
the households must have resided in such housing as the primary place of
residence for at least one year prior to such action or event.
Households with at least one member who has worked within the City, as that
person's principal place of full-time employment, for at least one year prior to the
date of application for such housing.
Households with at least one member who is a Public Safety employee (fire and
police) or Credentialed Teacher.
All other applicants who do not meet any of the above criteria.
T a address the issue of assisting local residents, and to provide consistency within the Policy, staff
recommends that the following two changes be incorporated into the Buyer Selection Criteria:
1. Include a bana fide residency preference that would provide 3 points for households, who
at the time of application, reside within the boundaries of the City of Chula Vista.
2. Revise the current language regarding preference for households with at least one
member with full-time employment within the City to be modified from requiring one-year
of employment to employment within the City at the time of application.
In relation to the selection of qualified buyers, staff also recommends that in a situation where
there are applicants with an equal number of points but not enough available units, that
secondary determining factors be utilized to select homebuyers. These would include family size
and other family circumstances, such as an individual with a disability or special need.
Proposed Additional Revisions
There are additional modifications to the policy that are also being recommended at this time, to
clarify the requirements as set forth. They are as follows:
1. Modify the Purpose section to clearly state that there is a requirement that the buyer be a
first-time homebuyer, which shall be defined as any individual wha has not owned or had
ownership interest in any property during the last 3 years.
23-3
1'"1
PAGE 4, ITEM NO.: ~, J
MEETING DATE: 09/13/05
2. Make changes to the example information provided regarding the calculation of the
"Affordable Sales Price" and "Market Rate Price" to more effectively explain the steps
required to determine the City's second trust deed amount and the equity share amount.
3. Strike the language under Program Requirements 4. Allow staff to consider other factors
in the selection of tenants with equal points, including household size and special needs
or disabilities, which will negate this need for a special marketing periad to larger
household sizes.
4. Modify the language under Program Requirements 5 to reflect that participating
homebuyers must be pre-qualified by the designated lender, as chosen by the developer
although, the homebuyer may ultimately obtain his/her first mortgage from any licensed
mortgage broker or lender of his/her choosing. The homebuyer shall notify City staff in
writing if a different lender is being proposed. Notification must occur at least 30 days
before the expected escrow closing, as determined by the developer.
Conclusion
The Policy is an important tool for staff and developers ond should describe a transparent process
for the development of affordable for-sale units for first-time low-income homebuyers. The
proposed modifications will provide greater clarity and guidance for the community, staff and the
development community, and is a key component of the City's existing affordable housing
program.
Staff therefore recommends that the City Council adopt the recommended modifications to the
Policy and have the revised Policy available for immediate implementation.
ENVIRONMENTAL REVIEW
In accordance with the requirements of the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator reviewed the proposed project for compliance with CEQA and
determined that the activity is not subject to CEQA.
FISCAL IMPACT
No fiscal impact is anticipated. Normal staff time and costs for the processing of the proposed
modifications are incorporated within the Community Development Department budget.
AnACHMENTS
1. Policy document for the Development of Affordable For Sale Housing For First-time Low-
income Buyers with proposed modifications
J:\COMMDEY\STAFF.REP\2005\09-13-05\FS Policy Amendmen" Agenda Statemeot.doc
23-4
~.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 12-09-03 1 of 10
ADOPTED BY: Resolution No. 2003-492 I DATED: 12-09-03
I AMENDED BY: I
PURPOSE
The Housing Element of the City's General Plan (1999-2004) establishes goals and policies for the
City to address a number of important housing related issues. The primary goal is to ensure that
decent, safe housing is available at an affordable cost. Objective 3 is to broaden the available
housing types and increase home ownership opportunities for low and moderate-income
households. Goal 3 is to "ensure that an adequate and diverse housing supply is available to meet
the city's existing and future needs". In addition Goal 4 is to "increase home ownership
opportunities for low and moderate-income households". To implement these goals, Policy 3.1,
the Affordable Housing Program, requires residential development projects consisting of 50 units
or more to restrict a minimum of ten (10) percent of the units for occupancy by and affordable to
low- and moderate income households, with at least 5% of the units for low-income residents and
5% for moderate income residents. In addition to the development of affordable for-sale housing
opportunities through the City's Inclusionary Housing Program, this policy also pertains to any
other for-sale development proposed to have affordable units within the City.
This Policy establishes the procedures and guidelines for the development of affordable for sale
housing for first-time low-income buyers,. First-time homebuyer shall be defined as an individual
who has not had ownership interest in any property within three years from the date of application.
Low-income homebuyer shall be defined as houscholds an individual earning no more than 80%
of the Area Median Income. The Area Median Income (AMI), based upon household size, is
determined annually by the U.S. Department of Housing and Urban Development (Attachment 1).
This policy will outline the development guidelines, program requirements including underwriting
criteria and the buyer selection criteria.
Any Developer wishing to satisfy their affordable housing obligation through the development of
affordable for-sale housing within the City must adhere to the policies contained herein. As part of
the entitlement process, the Developer and the City will enter into an Affordable Housing
Agreement, which will outline the terms of the development and which should refer to this policy
and the procedures as described further.
DEVELOPMENT GUIDELINES
The purpose of this policy is to provide affordable homeownership opportunities for low- income
households and to ensure that upon sale of the "affordable" unit the City receives adequate funds
to continue to promote affordable homeownership programs throughout the City.
To that end, the two primary components of this development process include the establishment of
a loan, through a Second Trust Deed, that is c)ctcndca tobetween the Homebuyer in fayor oland
the City and an equity
23-5
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS 2 of 10
453-02 12-09-03
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
share system based upon the Homebuyer's length of occupancy. The City and Developer shall be
jointly responsible for the implementation of the development mechanisms.
The City's Second Loan will ensure that the unit shall be affordable to the low-income buyer while
maintaining the market value of the property. The Silent Second Loan shall be defined as a loan
that does not require any payments until sale, transfer, refinance, rental or change in title of the
property .
City loan Calculation
The calculation of the City's second loan amount shall be based upon the establishment of the-i\S
outlined below.
DcterFI~iRe "Affordable Sales Price" and "Market Rate Price" of each type of unit, based upon
number of bedrooms per unit. unit. The City's Second Loan amount is calculated based upon the
difference between the Market Rate Price (MRP) and the Affordable Sales Price (ASP).
Silent Second Loan Amount=MRP-ASP
The Affordable Sales Price shall be calculated based upon a number of factors, including number
of bedrooms per unit at 1.5 persons per bedroom, homeowner's association dues, and any other
additional costs of construction that are passed onto the buyer. This calculation is then
incorporated into the formula that determines what the City's second loan amount will be.
To unserstand the formub for the calculatisA of tRe .^.#ordasle Sales Price f3leasc refer to Tables 1
and 2 below. TThe Market Rate Price will be determined and mutually agreed upon by the City
and Developer based upon current real estate comparables and market analysis at the time of
development proposal. The Market Rate Price may be subject to change upon the approval of the
City during the development/construction period.
For p"rposes of uAderslansing the calculatioR for tRe :\fforaable Sales Price the assumptions
utilizcd arc; iRdicated below in Table 1 provides an example of the assumptions utilized to
calculate the Affordable Sales Price. All factors will be subject to the normal costs and fees as
associated with the purchase of the homcowAcrsRip particular property based upon the real estate
market and negotiations between the City and Developer at the time of the development proposal.
The criteria included that will remain constant are-are the percentage of downpayment required,
term of the loan and the maximum total debthousing to income ratio. Other factors may be
appl ied, and are subject to change, based upon the individual development costs.
23-6
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 12-09-03 3 of 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
Table 1
CRITERIA
VARIABLES
Downpayment
I nterest Rate
Term of Loan
Taxes g. IAsuraRce
HOA Fees and Mello Roos, if applicable
Maximum Housing to Income RatioClosing CBsts &.
F€es
3% of Purchase Price
6%
30 years
1 . 1 ~ % of Purchase Price
$20~month
36% of monthly
incomc2.5~(' 8f LoaR
,^,n=l0unt
Table 2 utilizes the assumptions ffi4€afrom ted in Table 1 to determine wf1at-the maximum
Affordable Purchase Price. is based UpOA household size. This calculation is tREA incorporated
into the formula that determines what the Second Trust Deed amouRt will be.
Monthly Funds Affordable
Household Annual Monthly Housing Taxes, HOA, Available Max Loan Down Purchase
Size Income* Income Cost@ Insurance for P&I Payment Price
36%
1 35,750 2,979 1,073 334 739 123,277 3,813 127,090
2 40.850 3,404 1,226 361 865 144,293 4,463 148,756
3 45,950 3,829 1,379 388 990 165,309 5,113 170,421
4 51,050 4,254 1,532 415 1,116 186,324 5,763 192,087
5 55,100 4,592 1,653 437 1,216 203,013 6,279 209,292
6 59,200 4,933 1,776 458 1,318 219,908 6,801 226,709
7 63,300 5,275 1,899 480 1,419 236,803 7,324 244,126
8 67,350 5,613 2,021 502 1,519 253,491 7,840 261,331
Table 2
IJSee ,'.ttaehmeRt 1 for the 2003 Household Income Limit Chart.
Low Low Low
Income Income Income
Unit Size by No. of Bedrooms 2 Bdrms 3 Bdrms 4 Bdrms
Qualifying Percent of Area Median Income (AMI) for 80% 80% 80%
Affordable Housing
Equals Annual Household Income Based Upon $49,700 $57,400 $64,050
Qualilvina Percent of AMI
Equals Monthly Household Income Based Upon 4,142 4,783 5,338
Qualilving Percent of AMI
Times Percent of Household Income Attributable to 36% 36% 36%
Housinu Expenses
23-7
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 12-09-03 4 of 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
Low Low Low
Income Income Income
Eouals Annual Dollars Allowed for Housing Expenses 17,892 20,664 23,058
Less Real Estate Taxes 1,871 2,218 2,526
Less Home Owners Fee $200 x 12 months 2,400 2,400 2,400
Eouals Annual Dollars Available for Debt Service 13,621 16,046 18,132
Divided bv Annual Loan Constant 0.0719 0.0719 0.0719
Equals Maximum Loan Amount Available for Home 189,444 223,171 252,184
Purchase
PI us Down Payment - 3 % 5859 6,902 7,799
Eauals Maximum Affordable Purchase Price $195,303 $230,073 $259,983
Table 3 illustrates sample amounts for the City's second loan to Homebuyer based upon
calculation of MRP-ASP.
2.Developer will provide a SileRt Second Loan in favor of Ihe Ci\y. The purf30se of tAis leaR is to
m::lke the homeewRership unit af.ferdable to Ihe low inceme buyer ','.'hile maintaining the
market value of tAc property, The Silent Second Loan is defines as ::l loan that soes not
require aRY payments but becomes due aRd payable upon sale, transfer, refiR::lnce, renlal or
change in title of the property. f,s indicated in Table 3 Bases upon the market '.'alue of the
home, as estaBlished by the City and the Develeper, a SileRt SecoRd LoaR amouRt will Be
calculated Based upon the difference between the ,!,',arlcet Rate Price (MRP) :md the
J'JfordaBlc Sales Price ~ASP).
Silent Secons Leaf) ,^.mmmt MRP ASP
Max An Market Value of Home
Bed rooms Per Purchase Second Trust Deed Amount
Unit Price
IT able 2\ $ 275,000 $ 300,000 $ 325,000 $ 350,000 $ 375,000
2 $ 195,303 $ 79,697 $ 104697 $ 129 697 $ 154,697 $ 179,697
3 $ 230,073 $ 44,927 $ 69,927 $ 94,927 $ 119,927 $ 144 927
4 $ 259,983 $ 15,017 $ 40,017 $ 65,017 $ 90017 $ 115,017
Table 3
23-8
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 12-09-03 5 of 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
Equ ity Share
Table 4 illustrates the equity share percentages between the City and Homeowner based upon the
length of time that the Homeowner has occupied the property. The equity share determines the
amount of equity tRat both parties will receiveshall be due upon sale, transfer, refinance, rental or
change of title on the property. and is based upon tRe lensth of time
that the Homeowner has occupied tRc property. Based "pon Table 1 belo'N, if theShould
Homeowner sells, transfers, rents or reconveyys the property before one year of eccupaAC'," has
passed from the date of the close of escrow, the City shall retain 100% of the equity in the
property, minus approved Homebuyer expenditures, including amount of initial downpayment and
approved costs of sale.
Occupancy Period (vears) Citv Eouitv Share Homeowner Eouitv Share
1-5 70% 30%
6-10 60% 40%
11-15 50% 50%
16-20 40% 60%
21-25 30% 70%
26-30 20% 80%
31-35 10% 90%
36-45 5% 95%
Table 4
Following is an example of how the equity share calculation works.
ASSUMPTIONS
Initial Market Rate Price
Initial Affordable Purchase Price
City's Second Loan
Length of Occupancy
Resale Price
Remaining pI Loan Amount
$275,000
$195,303
$79,697
4 years
$500,000
$187,303
A family of three purchases a two-bedroom unit for the market rate value of $~275,000. The
household would qualifiesy for the maximum allowable Affordable-j3 Purchase Pflrice of
$170,121195,303. (Table 2) and tA second loan is provided for the amount between the Market
Rate Price and the Affordable Purchase Price,fle which is $79,697. This loan shall be repaid to
Developer/Builder would provide a Silent SecoRd Loan in favor of the City. for tRe difference
23-9
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 12-09-03 6 of 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
between the FRarket rale [3riee and the FRaJdmum allowable J3urehase price eEjualing $79,579
(Table 3).
1=-We-Four years later, assuming the property sells fora sales price of $-3-5-G500,000. The remaining
amount owed on the 1" mortgage loan is $187,303. T,-the Homeowner decides to sell the
property, The HOF14eowner Homeowner would receive #le*--hislher initial downpayment amount
of $5~,859 plus $-M40,000 (8% of the sales price$500,000) as reimbursement for the costs
associated with the sale of the property.
The Homeowner's [3lus their equity share amount ef.-would be $26,193102,007, which isplus the
$187,303 balance on the 1" loan for a total recapture to Homeowner of $2B9,310 30'/. of the
remaining equit)'. The Homeowner would make full pa)'FRent to the City's equity share amount
would be $131,011 plus repayment of efT- the principal of the Silent SecondCity's Second Loan
($79,697~) PLUS 79~c of the remaining equityfor a total recapture to City of $210,690. I3aseEI
upon the length of Gccupanc,' (Table i), Therefore, the lotal amount repaid to the City upon resale
would be $140,695,
Current Sales Price (4 yars later) $ 500,000
1 st Loan-Homeowner $ (187,303)
2 nd Loan-City $ (79,679)
Homeowner's Investment-Homeowner $ (45,859)
Equity $ 187,159
Times Eauity Share Percenta~e 70.0%
Equity Share (City) $ 131,011.30
TOTAL DUE TO CITY $ 210,690
TOTAL DUE TO HOMEOWNER $ 289,310
Repayment Requirements and Conditions
Sale, transfer, refinance with cash-out or for purposes of debt consolidation or renting of the
property requires both repayment of the Silent Second Loan PLUS repayment of a portion of the
equity based upon the length of occupancy at the time of such action.
The City will subordinate #le*--its second loan if the Homeowner wishes to obtain a straight rate
and term refinance (w+tA-no cash out or debt consolidation). ~Neither the City's second loan
or the equity share will be due}.
Should the Homeowner wish to add an individual to the Title of the property or include the
property in a Trust they must obtain City approval prior to such action. Either action may result in
the loan and/or equity share becoming due and payable within 90 days of the action and iIAY
decision regarding that willshall be at the discretion of the City.
23-10
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 1 2-09-03 7 of 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
PROGRAM REQUIREMENTS
The City and the Developer will ensure the development meets all of the following requirements:
1. Should subsidized financing, offsets, or incentives be proposed and obtained, the
development requirements of that program or granting Agency must also be met.
2. All "affordable" units will be sold to buyers meeting both the income-based and cost-based
measures of affordability. The income-based measure is the annual income at 80% of Area
Median Income (AMI) based upon household size. The cost-based measure w+II--may not
exceed 40% of 80% of AMI for all loans except FHA which has a cap of 36%. of thc gross
income for FH,^. leans and 10'" for all other loans. Therefore, utilizing ~2005 income
figures, the income for a household of four may not exceed $51,05055,200, thereby
meeting the income-based measure. In order to meet the cost-based measure of
affordabiI ity, thQt samea family of four cannot expend more than $22,080 (40% of $55,200)
for total housing expenses or $18,37819,872 annually of obtaining an FHA loan (36% of
$51,05055,200)
3. If the City provides any type of financial assistance or incentive for the project (i.e. funding
for the construction of the project, density bonus, parking deviations, etc) the units will be
priced as affordable to buyers at the 70% of AMI level, but the maximum income level will
still be at 80% of AMI for qualifying households. Please refer to Attachment 2.
or $20,120 if obtaining an)' other loan (10'/" of $51,050) for housing costs.
4.
3.lf the City !3rovides an)' 1)'!3E of financial assistance or incentivc fer thc project (i.e. funding f{)r
the construction of the project, density bonus, parking deviations, etc) the units will be priced as
QffordQble to l3~yers at the 70~( sf ,'..'.41Ie\'el, but the FRaxirnurn income le'/eI .....ill still be at 80~1" of
:\.'.11 for qUQlifying households. Please rcler to :\ttachment 2.
5. Prospective homebuyers must be pre-qualified by the designated Lender, as determined by
the Developer, in order to purchase an affordable unit, although the homebuyer may
obtain his/her permanent financing from any licensed mortgage broker or lender of their
choosing. Homebuyer shall notify City staff in writing of intent to use "outside" lender at
least 30 days before expected escrow closing, as determined by the developer.
6. Homeowner is required to attend a qualified "Homebuyer Education Program" and provide
evidence to the City of their attendance before the close of escrow.
23-11
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 12-09-03 8 of 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
7. The Borrower must sign a release authorizing the City to receive a copy of the buyer's 1003
(Mortgage Loan Application), Good Faith Estimate and Underwriting Transmittal Summary
(1008) or similar form from Lender, which shall be forwarded to City as part of the
application review process. Developer will market tY/O sedroom units to houseAolss of
three or greater and three besroom UF1i~ to AOloJseholds of five or greater oLJriF1g tAc first 90
days of marketing. :\her wAich, tRe 8evelo!,!er ma,!, then market lAC affordable unit to any
hOLJsehold size. TAc ~Iinct)' day FRarllcting period sAall be defined as the first day tAat the
"affordable unit' is marketed to the public pursuant to all norffial De!,!artFRent of R-eal Estate
regulations and upon al3",roval by tRe City. TRe termination of the FRarketing ",eriod will be
signified by a release to the De'/elo!,!er from the City.
S.City and Develo",er will jointly coordinate to sevclop a pool of qualifies lensers. Prospective
homebuyers must l3e pre qualificd by enc of these lenders in order to purchase an
affordal3le unit, :tlthougA they FRa)' use any licensed mortgage breker or lender of their
choosing to prGcess the 10aF1.
6.Homeowner is required to attend a qualifies "Homeowner Training PrograFR" and I3re';ide
evidcnce to tAe Cit'!' of their attendancc,
7.TAe Borrower must sign a release authorizing the City to receive a copy of the bLJ)'er's 1003
(Mortg;Jge Loan '^'l3plication), Cood Faith EstiFl1ate and Undcrwriting TransFRittal SIoJFI1mar,!, (100B)
or similar form from LCAdcr.
Underwriting Requirements
The City shall require that each homebuyer meet the following LJnderwriting standards in order to
be el igible for purchase of an Affordable Unit, regardless of Lender's standard or available
underwriting criteria:
1. Minimum contribution by buyer of three percent (3%) of the Purchase Price
2. Maximum liquid assets after downpayment and closing cost contribution not to exceed
$25,000 (not including retirement accounts i.e. IRA's, 401 (k), etc)
3. Non-occupant co-borrowers are not allowed
4. Maximum total housing ratio of 36% for FHA loans and 40% for all other loans
5. Maximum debt-la-income ratios of 41 % for FHA loans and 45% for all other loans
6, No refinancing for the purposes of cash-out or debt consolidation shall be allowed
23-12
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DATE PAGE
LOW-INCOME BUYERS
453-02 1 2-09-03 9 of 10
ADOPTED BY: "Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
Lender Requirements
The Developer is responsible for providing an informational packet to the Homebuyer detailing the
responsibilities of all of the involved parties, including the Uender, City, Developer and
Homebuyer. The Lender is required to adhere to the criteria in determining the Homebuyer's
eligibility for an affordable for-sale unit. Appropriate documentation (as outlined above as #7)
must be forwarded to the City by the Lender. After review and verification that the Homebuyer is
qualified, the City will send an -Approval ~Joticc Letter to the Lender confirming the Homebuyer's
eligibility.
1.Minimum contribution by buyer of three percent (30/v) of the Purchase Pricc
2.MaJliFRuFR liquid assets after downpaYFRent and clasing cost conlribCJtion not to e)(ceed
$25,000
3.~lon occupant co borrmvers are not allowed
4.Ma)liFRuFR total housing ratio of 3e~'v for cHi' loans and 40~C for all other loans
5.Ma)liFRCJFR debt to iAcome ratios of 41 o/v for cH.^. loans and 450,(, for all other loans
e.~Jo cash out refinancing allowed
BUYER SELECTION CRITERIA
The Developer wiI1--shall use the following criteria in order to determine priority for purchase of an
affordable for-sale housing unit. A point system has been established so that applicants with a
higher number of points will receive preference for units.
5 poi nts
Households which are displaced from their primary residence as a result of any of
the following: (i) expiration of affordable housing covenants applicable to such
residence; (ii) an action of City or Agency; (iii) closure of a mobilehome or trailer
park community in which the household's residence was located; or (iv) a
condominium conversion involving the household's residence. One member in the
households must have resided in such housing as the primary place of residence for
at least one year prior to such action or event.
3 poi nts
Households with at least one member who has worked is working within the City of
Chula Vista, as that person's principal place of full-time employment, for at leaet
one year prior to at the eate-time of application for SUCR housing. .
3 points
Households currently residing within the boundaries of the City of Chula Vista, at
the time of application.
23-13
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR FIRST-TIME NUMBER DAn PAGE
LOW-INCOME BUYERS
453-02 12-09-03 100f 10
ADOPTED BY: Resolution No. 2003-492 DATED: 12-09-03
I AMENDED BY: I
2 poi nts
Households with at least one member who is a Public Safety employee
(fireman/woman and policeman/woman) or Credentialed Teacher. The individual
must be fworking in such position as his/her full-time profession at the time of
application.
1 point
All other applicants who do not meet any of the above criteria.
In the situation where there are applicants with an equal number of points but not enough units
available, a lottery will be Reid at a place and time to be announced by tAc City and
Developer.secondary determining factors may be considered, including number of verifiable
household members or individuals with special needs or disabilities.
ATTACHMENTS
1. County of San Diego Household Income Limits
2. Analysis of Affordable House Pricing
23-14
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL AUTHORIZING CHANGES
TO CITY POliCY 453-02 RELATED TO THE DEVELOPMENT OF
AFFORDABLE FOR SALE HOUSING
FOR LOW-INCOME BUYERS
WHEREAS, the City Council has demonstrated its commitment ta creating homeawnership
opportunities for low-income buyers by establishing Policy 453-02; and
WHEREAS, the Policy has been in effect for two years and staff and developers have
assessed the effectiveness of the Policy in its current format and proposed several modifications;
and
WHEREAS, the following changes have been recommended:
1. A preference be allowed for those households, who at the time of application, are
residents of the City of Chula Vista; and
2. The preference for households with at least one member who is employed within
the City of Chula Vista be modified to remove the one year employment
requirement and require only thot the individual be employed within the City at the
time of application; and
3. The Purpose section, is modified to clearly stote there is a requirement that buyers
meet the definition of 0 first-time homebuyer; and
4. Language within the Development Guidelines section is modified to more
effectively explain the steps required to determine the City's second trust deed
amount and the equity share amount; and
5. Language under Program Requirements 4 shall authorize staff to consider other
factors in the selection of tenants with equal points, including household size and
special needs or disabilities, which will negate this need for a special marketing
period to larger household sizes; and
6. Language under Program Requirements 5 is modified to reflect that participating
homebuyers must be pre-qualified by the designated lender, although, the
homebuyer may ultimately obtain his/her first mortgage from any licensed
mortgage broker or lender of his/her choosing.
WHEREAS, in accordance with the requirements of the California Environmental Quality
Act (CEQA) the Environmental Review Coordinator reviewed the proposed project for compliance
with CEQA and determined that the activity is not subject to CEQA at this time; and
NOW THEREFORE BE IT RESOLVED that the City Council does hereby authorize the
proposed modifications to City Council Policy 453-02 related to the development of affordable
for sale housing for low-income buyers as reflected in Attachment A which is incorporated herein.
Presented by
Laurie Madigan
Director of Community Development
23-15
ITEM TITLE:
SUBMlnED BY:
REVIEWED BY:
PURPOSE
PAGE 1, ITEM NO.: cJLj
MEETING DATE: 09/13/05
CITY COUNCIL AGENDA STATEMENT
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING
THE FOLLOWING ACTIONS FOR SENIORS ON BROADWAY LIMITED
PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE
DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY:
A) APPROPRIATION OF AN ADDITIONAL $2,461,345 FROM
THE AVAILABLE BALANCE IN THE CITY'S HOME
INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS FOR
FINANCIAL ASSISTANCE
B) A FIRST AMENDMENT TO THE LOAN AGREEMENT AND
RELATED RESTRICTIVE COVENANTS/HOME PROGRAM
PARTICIPATION AGREEMENT
C) A FIRST AMENDMENT TO THE LEASEHOLD DEED OF TRUST
WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
D) A FIRST AMENDMENT TO THE PROMIS RY NOTE
CITY MANAGER d
4/5THS VOTE: YES 0 NO D
This staff report requests an additional $2,467,345 from available HOME Investment Partnership
Program (HOME) funds for the construction of the "Seniors on Broadway" development. The
amount is in addition to the $1,043,850, which was approved by Council on February 22, 2005,
bringing the total City contribution to $3,511,195.
This project is consistent with the City's Housing Element of the General Plan and the regulations of
the HOME Investment Partnership Program.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and did conduct Initial Study IS-03-008
accordingly. Based upon the results of the Initial Study, the Environmental Review Coordinator
determined that there was no substantial evidence, in light of the whole record before the City of
24-1
PAGE 2, ITEM NO.:
MEETING DATE:
;;+
09/13/05
Chula Vista, that the project may have a significant effect on the environment; therefore, the
Environmental Review Coordinator prepared Negative Declaration 15-03-008.
Based upon the proposed financing through HOME, the Environmental Review Coordinator has
also reviewed the proposed project for compliance with the National Environmental Policy Act
(NEPA), as administered by the Federal Department of Housing and Urban Development (HUD).
In accordance with NEPA, environmental assessment B-05-MC-05-0505 was conducted. Based
upon the results of the environmental assessment, the Environmental Review Coordinator has
determined that there is no substantial evidence, in light of the whole record before the City of
Chula Vista, that the project may have a significant impact on the environment; therefore, the
Environmental Review Coordinator has prepared and published a Finding of No Significant
Impact (FONSI).
RECOMMENDATION
Staff recommends that the City Council take the following actions; 1) Approve and appropriate
additional financing in the amount of $2,467,345 from the City's available balance of HOME
Investment Partnership Funds, 2) Authorize the Mayor to execute a First Amendment to the Loan
Agreement and Related Restrictive Covenants/HOME Program Participation Agreement, 3)
Authorize the Mayor to execute a First Amendment to the Leasehold Deed of Trust with Absolute
Assignment of Leases and Rents, Security Agreement and Fixture Filing and 4) Authorize the
Mayor to execute a First Amendment to the Promissory Note.
BOARDS/COMMISSIONS RECOMMENDATION
The City Council initially approved the project on October 14, 2003, and subsequently approved
additional changes to the proiect on December 9, 2003. On February 22, 2005, the City
Council also approved $1,043,850 in financing for the proiect.
DISCUSSION
Background
On October 14, 2003, through Resolution No. 2003-442, the City Council approved the
development of the Seniors on Broadway project, providing 41-units of rental housing for
extremely low income seniors. This is the first new construction affordable housing project
developed for seniors in western Chula Vista since the mid 1980's. The project site is located
within the Merged Redevelopment Project Area at 825 Broadway between Sierra Way and 'K'
Street and will provide housing for our extremely low-income seniors and will also include an
innovative intergenerational program between the residents and the Chula Vista Elementary
Charter School.
Since the original date of approval, construction costs have continued to escalate. The cost to
construct the project, as approved, has increased by about $2.5 million. This is in part due to
24-2
PAGE 3, ITEM NO.:
MEETING DATE:
.......'1 }
C<'-t
09/13/05
requirements that the City placed on the project to address aesthetic, design, and zoning issues.
These include enhanced screening, required retail space, and the construction of 45 parking
spaces requiring costly custom steel supports. Increases are also due to the competition for labor
and increased material costs.
Affordable housing developments have a limited ability to generate income based on the
restricted rental rates, affecting the developer's ability to qualify for additional financing. This
also affects their ability to absorb additional costs. This is evidenced by an upsurge in requests to
the State Tax Credit Allocation Committee (TCAC) for additional tax credits to those projects that
received 2004 tax credit allocations. Seniors on Broadway also received 2004 tax credits and like
other small affordable developments is struggling to meet the financial gap created by the
conditions discussed above.
To assist in bridging the financial gap, the Developer applied for the State Affordable Housing
Program grant four times and was finally awarded a grant of $252,000. Additionally, the
Developer has proposed to cut their Developer fee to fifty percent (50%) of what is normally
allowed by the State Tax Credit Allocation Committee. This equates to a developer contribution
of $411,419.50.
The most recent budget projections indicate a total development budget of $11,112,233. The
proposed financing sources are illustrated below:
Financial Entity Amaunt
Red Capital Group (tax credit investor) $5,937,520
City of Chula Vista $3,511,195
US Bank $1,000,000
State Affordable Housina Proaram $252,000
Developer Contribution $411,520
TOTAL $11,112,233
Proposed HOME Assistance
This proiect provides the City of Chula Vista with an opportunity to commit and expend HOME
funds on a development that is located in a redevelopment project area and which assists
extremely low income seniors. Both of these factors are noteworthy given the lack of affordable
housing projects developed in western Chula Vista in the last 40 years. The City currently has
$3.1 million in available HOME funds, which includes the 15% that must be set aside for certified
Community Housing Development Organizations (CHDO). The Developer, MAAC Project, is one
of only two certified CHDOs for the City of Chula Vista. $1.4 million of these funds must be
spent on an affordable project this calendar year.
Terms of City Loan
As a condition of the City's financial assistance, the Developer entered into an Affordable
Housing Agreement and a Loan Agreement and Related Restrictive Covenants, which were
24-3
PAGE 4, ITEM NO.:
MEETING DATE:
j
4U
,
09/13/05
executed on March 2, 2005. An amendment to each of these documents will be executed based
upon Council's action, to reflect the proposed additional increase in City assistance.' The original
terms of the City's loan will continue.
The City assistance is a maximum level of participation. Any cost savings experienced in the
proiect will translate into a lower City contribution.
Conclusion
The Seniors on Broadway project will assist the City's very low and extremely low-income seniors,
a population that is not often assisted. Staff supports the use of these HOME funds for this project
and recommends approval by the Council.
Should additional financing not be approved MAAC Project will lose the approved tax credit and
permanent financing and will be unable to construct the development. As a result, the City will
lose its initial investment of $1,043,850, which was secured as a residual receipts loan. As there
will be no residual receipts the City loan will not be repaid.
FISCAL IMPACT
The additional loan of $2,467,345 will be set aside from the available balance in the HOME
Investment Partnership Program and appropriated in the City's HOME Investment Partnership
Program Budget.
Any repayment of the loan will be deposited into the HOME funds as program income for further
use in providing affordable housing programs.
J:\COMMDEV\STAFF.REP\2005\9-13-05\MMC Add.1 Finencing Agende Stetement.doc
24-4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING THE FOLLOWING
ACTIONS FOR SENIORS ON BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED
PARTNERSHIP, FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY:
A) APPROPRIATION OF AN ADDITIONAL $2.467,345 FROM THE AVAILABLE BALANCE
IN THE CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS FOR
FINANCIAL ASSISTANCE
B) A FIRST AMENDMENT TO THE LOAN AGREEMENT AND RELATED RESTRICTIVE
COVENANTS/HOME PROGRAM PARTICIPATION AGREEMENT
C) A FIRST AMENDMENT TO THE LEASEHOLD DEED OF TRUST WITH ABSOLUTE
ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING
0) A FIRST AMENDMENT TO THE PROMISSORY NOTE
WHEREAS, Seniors on Broadway Limited Partnership, a California limited
partnership (the "Developer") has proposed to construct a 42 unit apartment building
located at 825 Broadway in the City of Chula Vista (the "Project"); and
WHEREAS, the Seniors on Broadway development shall provide forty-one-
units of affordable rental housing to very low-income seniors and one unit for an on-site
manager; and
WHEREAS, the City has adopted a Housing Element to the City General
Plan which sets forth the objective of providing housing to satisfy the needs and desires
of various age, income and ethnic groups of the community, and which specifically
provides for the development of rental housing units through City assistance; and
WHEREAS, the City has been allocated funds from the United States
Department of Housing and Urban Development ("HUD") pursuant to the federal
government's HOME Investment Partnerships Program (42 U.s.e. Section 1274, et seq.)
which can be used to provide subsidies to or for the benefit of very low income and
lower income households in accordance with HOME regulations (24 e.F.R. Section 92,
et seq.); and
WHEREAS, in order to implement the requirements of the HOME Program,
the City Council of the City of Chula Vista (the "City Council") entered into a Loan
Agreement and Related Restricted Covenants with the Developer, which was
executed on March 2, 2005, pursuant to which the City would provide a loan of One
Million Forty Three Thousand Eight Hundred and Fifty Dollars ($1,043,850.00) to the
Developer
WHEREAS, the City and the Developer entered into an "Affordable
Housing Agreement" executed on March 2, 2005, which set forth the affordable
requirements applicable to the Project; and
DOCSOC\997345v 1 \24036.0030
24-5
WHEREAS, First Amendments shall be executed for the following
documents:
a) Loan Agreement and Related Restrictive Covenants/HOME
Program Participation Agreement ("Loan Agreement")
b) Leasehold Deed of Trust with Absolute Assignment of Leases and
Rents, Security Agreement and Fixture Filing (Deed of Trust")
c) Promissory Note ("Note")
pursuant to which the City would provide an additional loan of HOME funds not to
exceed Two Million Four Hundred and Sixty Seven Thousand Three Hundred and Forty-
Five Dollars ($2.467,345) to the Developer; and
WHEREAS, the additional funds will bring the total amount of City
assistance to Three Million Five Hundred and Eleven Thousand One Hundred and Ninety
Five Dollars ($3,511,195.00); and
WHEREAS, the City Council has duly considered all terms and conditions of
the proposed First Amendments to the oj Loan Agreement, b) Deed of Trust and c)
Note and believes that the Amendments are in the best interest of the City and the
health, safety, and welfare of the residents of the City, and in accord with the public
purposes and provisions of applicable Federal, State and local law requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby approves the First Amendments to the a)
Loan Agreement, b) Deed of Trust and c) Note in substantially the forms presented.
The Mayor and City Manager and their designees are hereby authorized to sign all
documents, to make all approvals and take all actions necessary or appropriate to
carry out and implement the First Amendments to the (a) Loan Agreement, b) Deed
of Trust and c) Note and to administer the obligations, responsibilities and duties of the
City to be performed under the Loan Agreement and related documents.
Section 2. The City Attorney, on behalf of the City, is hereby authorized to
make revisions to the First Amendments to the a) Loan Agreement, b) Deed of Trust
and c) Note, which do not materially or substantially increase the obligations of the
City thereunder or materially or substantially change the uses or development
permitted on the Site.
Presented by
Laurie Madigan
Director of Community Development
2
DOCSOC\997345v I \24036.0030
24-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~d.i~p>, ~
Ann re
City Attorney
Dated:
Amendment to the Existing Loan Agreement
And Related Restrictive Covenants and Affordable
Housing Agreement for Financial Assistance to Seniors
On Broadway Limited Partnership
24-7
FIRST AMENDMENT TO LOAN AGREEMENT AND RELATED RESTRICTIVE
COVENANTS/HOME PROGRAM PARTICIPATION AGREEMENT
This First Amendment to City Loan Agreement and Related Restrictive
Covenants/HOME Program Participation Agreement ("Amendment") is made as of
, 2005, by and between Seniors on Broadway Limited Partnership; a
California limited partnership ("Borrower") and the City of Chula Vista, a public body
corporate and politic ("City").
A. The City has previously loaned the Borrower One Million Forty Three
Thousand Five Hundred Eighty Dollars ($1,043,850) (the "Loan") to fmance the
construction of a multifamily affordable housing development located at 825 Broadway
in the City of Chula Vista, California (the "Project").
B. In connection with the Loan, the parties entered into the following
documents, each dated as of February 22,2005 (collectively, the "Loan Documents"):
(1) a Loan Agreement and Related Restrictive Covenants/Home Program
Participation Agreement ("Loan Agreement");
(2) a Promissory Note Secured by a Deed of Trust ("Note");
(3) a Leasehold Deed of Trust with Absolute Assignment of Leases and
Rents, Security Agreement and Fixture Filing recorded in the Official
Records of San Diego ("Official Records") on March 2, 2005 as
Instrument No. 2005-0173832 ("Deed of Trust"); and
(4) an Affordable Housing Agreement recorded in the Official Records on
March 2,2005, as Instrument No. 2005-0173833 ("Restrictions").
C. The City has agreed to Loan the Borrower an additional Two Million Four
Hundred Sixty Seven Thousand Three Hundred and Forty Five Dollars and 00/100 Cents
($2,467,345.00) to fmance additional costs related to development of the Project. The
total contribution to the project shall be Three Million Five Hundred Eleven Thousand
One Hundred Ninety Five and 00/100 Dollars ($3,511,195.00). This shall be a not to
exceed amount.
D. The parties desire to amend the Loan Agreement to reflect the additional
funds being provided by the City.
..
Now, therefore, for good and valuable consideration, the parties agree to amend the Loan
Agreement as follows:
I. Amendments to Loan Agreement.
MAAC Exhibit A- I st amd to City loan agmt I
24-8
(a) Section 2.7 of the Loan Agreement is amended to read as follows:
2.7 "City Loan" means the loan for a not to exceed amount of Three Million
Five Hundred Eleven Thousand One Hundred Ninety Five Dollars and 00/100
Cents ($3,511,195.00) by the City to Borrower, which loan is the subject of this
Agreement.
(b) Section 2.8 of the Loan Agreement is amended to read as follows:
2.8 "City Note" shall mean the Promissory Note, as amended by the First
Amendment to the Promissory Note, in the principal amount of Three Million
Five Hundred Eleven Thousand One Hundred and Ninety Five Dollars and
00/100 Cents ($3,511,195.00), evidencing the City Loan.
(c) Section 2.9 of the Loan Agreement is amended to read as follows:
2.9. "City Trust Deed" shall mean the Trust Deed, a~ amended by the First
Amendment to the Leasehold Deed of Trust with Absolute Assignment of Leases
and Rents, Security Agreement and Fixture Filing, in the principal amount of
Three Million Five Hundred Eleven Thousand One Hundred and Ninety Five
Dollars and 00/100 Cents ($3,511,195.00), which secures Borrower's obligations
pursuant to the City Note.
(d) Section 4.1 of the Loan Agreement is amended to read as follows:
4.1 Amount.
Subject to the terms and conditions set forth herein, the City hereby
commits to loan to Borrower a maximum amount of Three Million Five Hundred
Eleven Thousand One Hundred and Ninety Five Dollars and 00/1 00 Cents
($3,511,195.00) (the "City Loan"), to be applied solely for payment of a portion
of the costs of the construction and equipping of the Project.
(e) 4.3j of the Loan Agreement is hereby added and reads as follows: The City loan
shall not exceed Three Million Five Hundred Eleven Thousand One Hundred
Ninety Five and 00/100 Dollars ($3,511,195.00). Any reduction in project costs or
expenditures shall be a dollar for dollar reduction in the City loan provided to Borrower.
2. Miscellaneous.
(a) Any references to the Loan Agreement in any of the Loan Documents shall be
deemed a reference to the Loan Agreement as amended by this Amendment.
~
(b) Except as amended by this Amendment, the Loan Agreement shall continue
unmodified and in full force and effect.
MAAC Exhibit A-1st amd to City loan .grot
2
24-9
(c) Each of the parties represents and warrants that it has the full power and authority
to enter into this Amendment and perform its respective obligations hereunder.
(d) This Amendment may be executed in counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one document.
Signatures on Following Page
--
MAAC Exhihit A-1st amd to City loan agmt 3
24-10
In witness whereof, the parties have executed this Amendment as of the date first
written above.
BORROWER:
Seniors on Broadway Limited Partnership,
a California limited partnership
By: Metropolitan Area Advisory Committee on
Anti-Poverty of San Diego County, Inc.,
a California nonprofit public benefit corporation,
its general partner
~~/
~;:'- '?v::;:'side.t !, t&O
CITY:
City of Chula Vista, a municipal corporation of the State of California
By:
Its: Mayor
A TIEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
City Attorney
.,.
MAAC Exhibit A-1st amd to City loan agmt 4
24-11
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: Housing Manager
No fee for recording pursuant to Government
Code Section 27383
FIRST AMENDMENT TO LEASEHOLD DEED OF TRUST WITH ABSOLUTE
ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT
AND FIXTURE FILING
This First Amendment to Leasehold Deed of Trust With Absolute Assignment of Leases
and Rents, Security Agreement and Fixture Filing is dated as of , 2005, by
SENIORS ON BROADWAY LIMITED PARTNERSHIP, a California limited partnership
("Trustor") in favor of the CITY OF CHULA VISTA, a municipal corporation ("Beneficiary")
Trustor previously executed and delivered to Beneficiary and First American Title
Company as Trustee a Leasehold Deed of Trust with Absolute Assignment of Leases and Rents,
Security Agreement and Fixture Filing recorded in the Official Records of San Diego County
("Official Records") on March 2,2005 as Instrument No. 2005-0173832, against the real
property described in Exhibit A attached hereto and incorporated herein by reference (the "Deed
of Trust"). The Deed of Trust secures a loan in the original principal amount of One Million
Forty Three Thousand Eight Hundred Fifty Dollars ($1,043,850).
Pursuant to a First Amendment to Loan Documents dated as of even date herewith (the "Loan
Document Amendment") Beneficiary has provided an additional Two Million Four Hundred Sixty
Seven Thousand Three Hundred Forty Five and 00/100 Dollars ($2,467,345.00) to Trustor, for a total
loan of Three Million Five Hundred Eleven Thousand One Hundred Ninety Five and 00/100 Dollars
($3,511,195.00) (the "Loan"). Trustor is indebted to Beneficiary in the amount of the Loan, and the
Deed of Trust secures the Note, as amended by the Loan Document Amendment, and the total
principal amount of the Loan.
TRUSTOR:
Seniors on Broadway Limited Partnership,
a California limited partnership
By: Metropolitan Area Advisory Committee on
Anti-Poverty of San Diego County, Inc.,
a California nonprofit public benefit corporation,
its general partner
~~~+~
~
SIGNATURES MUST BE NOTARIZED
24-12
MAAC Exhibit B- 1st amd to City DT 1
EXHIBIT A
Legal Description of the Property
A leasehold estate in the following described real property as created by that certain unrecorded
lease dated March 1,2005, executed by Chula Vista Elementary School District, a public agency
as lessor and Seniors on Broadway Limited Partnership, a California limited partnership as
lessee, as disclosed by a Memorandum of Ground Lease and Operating Agreement recorded
March 2,2005 as instrument no. 2005-0173828 of Official Records.
Real property in the City of San Diego, County of San Diego, State of California, described as
follows:
The Westerly 131.69 feet of Lot 8, in Quarter Section 146, Rancho de la Nacion, in the City of
Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, flled in
the Office of the County Recorder of San Diego County, March 13, 1888.
APN: 572-280-62-00
."
MAAC Exhibit B~ 1st amd to City DT
24-13
2
STATE OF CALIFORNIA
COUNTY OFc-S'pJV J)'i"
On r-Cf..~+ 9;. ?-oor
)
) ss.
)
,before me, b/.,L'4" ;;;1;;",./ d/1C"h.
Notary Public,
personally appeared a Il.f16A/ti:>
(Print Name of Notary Public)
U. ,y'/ 2.q ~
Z personally known to me
-or-
proved to me on the basis of satisfactory evidence to be the person(s\(whose namm
@aFe-ffilbscribed to the within instrument and acknowledged to me thatbJhnp!t!".y_
executed the same ~ authorized capaci~ and that b~
signature(st'on the instrument the person(s), or the entity upon behalf of which the
perso~acted, executed the instrument.
WITNESS my hand and official seal.
~~~
~,:=C_.~"' .e .... -A
~ /'i;'~ GLORIA JI<AN N':"~"~
" r~:",,-t Comml..1on'1:MYB1i4 <
~ ;-\i~~ Notary Public - Ca:ifumia ~
.Ji ',0;; f San Di~o County ~~
~, """.-. .
". . . '"n:J'-"IIIIIIH. ::';(1 ~"f;MSi~'''' "}t"I/"".<:,
~'7,",,/Z,~_. .."-,..,;...........'!.'
.- .~ ...~;~~,'-'...<;'.iBT.."~t!~r~~
.~
MAAC Exhibit B- 1st amd to City DT
24-14
3
FIRST AMENDMENT TO PROMISSORY NOTE
This First Amendment to City Promissory Note ("Amendment") is made as of
, 2005, by and between Seniors on Broadway Limited
Partnership, a California limited partnership ("Borrower") and the City of Chula Vista,
a public body corporate and politic ("City").
A. The City has previously loaned the Borrower One Million Forty Three
Thousand Five Hundred Eighty Dollars and 00/100 Cents ($1,043,850.00) (the "Loan")
to finance the construction of a multifamily affordable housing development located at
825 Broadway in the City of Chula Vista, California (the "Project").
B. In connection with the Loan, the parties entered into the following
documents, each dated as of February 22, 2005 (collectively, the "Loan Documents"):
(1) a Loan Agreement and Related Restrictive Covenants/Home Program
Participation Agreement ("Loan Agreement");
(2) a Promissory Note Secured by a Deed of Trust ("Note");
(3) a Leasehold Deed of Trust with Absolute Assignment of Leases and
Rents, Security Agreement and Fixture Filing recorded in the Official
Records of San Diego ("Official Records") on March 2, 2005 as
Instrument No. 2005-0173832 ("Deed of Trust"); and
(4) an Affordable Housing Agreement recorded in the Official Records on
March 2,2005, as Instrument No. 2005-0173833 ("Restrictions").
C. The City has agreed to Loan the Borrower an additional Two Million Four
Hundred Sixty Seven Thousand Three Hundred and Forty-Five Dollars and 00/100 Cents
($2,467,345.00) to finance additional costs related to development of the Project. The
total contribution to the project shall be Three Million Five Hundred Eleven Thousand
One Hundred Ninety Five and 00/100 Dollars ($3,511,195.00). This shall be a not to
exceed amount.
D. The parties desire to amend the Note to reflect the additional funds being
provided by the City.
Now, therefore, for good and valuable consideration, the parties agree to amend the Note
as follows: --
1. Amendment to Note. All references to the principal amount of the Note are
revised to read: "Three Million Five Hundred Eleven Thousand One Hundred Ninety
Five Dollars and 00/100 Cents ($3,511,195.00)."
MAAC Exhibit C-lst amd to City noteMAAC Exhibit C-lst amd to City note
24-15
2. Miscellaneous.
(a) Any references to the Note in any of the Loan Documents shall be deemed a
reference to the Note as amended by this Amendment.
(b) Except as amended by this Amendment, the Note shall continue umnodified and
in full force and effect.
(c) Each of the parties represents and warrants that it has the full power and authority
to enter into this Amendment and perform its respective obligations hereunder.
(d) This Amendment may be executed in counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one document.
Signatures on Following Page
~
MAAC Exhibit C-l st amd to City noteMAAC Exhibit C-lst amd to City note
24-16
2
In witness whereof, the parties have executed this Amendment as of the date first
written above.
BORROWER:
Seniors on Broadway Limited Partnership,
a California limited partnership
By:
Metropolitan Area Advisory Committee on
Anti-Poverty of San Diego County, Inc.,
a California nonprofit public benefit corporation,
its general partner
By: /2 ~ ___
Its: Vr5idelA.t ~ CeO
')
CITY:
City of Chula Vista, a municipal corporation of the State of California
By:
Its: Mayor
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
City Attorney
..
MAAC Exhibit C-lst amd to City noteMAAC ~1Jj.tf71st amd to City note
3
To strengthen
and promote
cities as centers
of opponunir,
leadership, and
governance.
~~.~
National League
of Cities
1301 Pennsylvania Ave., N.W.
Washington. DC 10004.1763
101.616.3000
Fax 101.616.3043
VIIWW.nlc.org
2005 Officers
President
AnthonyA,Williams
Mayor
Washington,DC
First Vice President
JamesC.Hunt
Councilman
Clarksburg,WestVirginia
Second Vice President
Bart Peterson
Mayor
Indianapolis. Indiana
Immediate Past President
Charlesl.yons
Selectman
Arlington,Massachusetts
Executive Director
DonaldJBmut
RecycledPapel
RECEIVED
15
August 18, 2005
AUG 23 P/2 57
CITY OF CHULA V."
CITY CLERK'S OFFiCi
MEMORANDUM
TO:
City Clerks of Direct Member Cites
FROM:
Donald J. Borut, Executive Director
SUBJECT: Congress of Cities Voting and Alternate Voting Delegates
The National League of Cities' Annual Business Meeting will be held on Saturday,
December 10, 2005, at the Congress of Cities in Charlotte, North Carolina. As a
direct member city, your elected officials are entitled to vote at the Annual Business
Meeting. Based on the population of the city, each member city casts between one to
twenty votes. The number of votes each city is aIlowed can be found on the table on
the reverse side of this memorandum.
To be eligible to cast a city's vote(s), each voting delegate and alternate must be
officiaIly designated by the city using the attached credentials form. This form wiIl
be forwarded to NLC's Credentials Committee. NLC Bylaws expressly prohibit
voting by proxy. The voting delegate must pick up his/her voting credentials
BEFORE the Annual Business Meeting and must be present at the Annual Business
Meeting to cast the city's vote(s).
Your city elected officials should be made aware of this request so that decisions can
be made on who will be the voting delegate and alternate at NLC's Annual Business
Meeting. Before the Congress of Cities, please consult the NLC website at
www.nlc.org for information summarizing the proposed National Municipal Policy
amendments and resolutions that are to be voted on at the Annual Business Meeting.
This information should be shared with your voting delegates.
We ask that you return the completed form to NLC on or before Thursday, October
13, 2005. Please follow the instructions on the card for filling out the form and make
a copy for your own files. A pre-addressed envelope is attached for your
convenience. If you have any questions or concerns, contact Katherine Bates at
bateslalnlc.org or (202) 626-3176.
Past Presidents: Karen Anderson. Mayor, MinnelOnka, Minne~ota - Clarance E. Anthony, Mayor, South fuJy, Florida - John DeStefano, Jr., Mayor, New Haven. Connecticut - William H. Hudnut.III, Mayor,
Town of Chevy Chase, Maryland _ Sharpe Jamos, MeyoL Newark, New Jersey. Brian J. O'Neill, Councilman, Philadelphia, Pennsylvania - Directors: Lorraina Anderson, Councilmember, Arvada. Colorado-
Tommy Baker. Alderman, Osceola, Arkan~as _ Vickie Barnett. Mayor, Farmington, Michigen- Phil Bazemore, Mayor Pro Tern, Monroe, North Carolina - Daniel Beardsley, Jr., Executive DirectoL Rhode Island
League of Citie~ and Town~. Thomas Bredeweg, Executive Director, Iowa league nf Cities - Kenneth Bueche, Executive Director, Colorado Municipal League - Rosemounda Butler, Council Member, West
Culumbia, South Carolina _ Nora Campos, Councilmember, San Jose, California. Roosevelt Coals. Cuuncilman, Cleveland, Ohio - Jim Condos, Council Chair. Suuth Burlington, Vermont - Lisa Dooley, Executive
Director, Wesl Virginra Municipal League _ Clay ford, Jr., Mayor Pro Tern, Gull Bree/e, Florida - Eddy font Mayor, Farragut, Tennessee - Danny George, Executive Director, Oklahoma Municipal League, In, .
Matthew Greller, executive Director, Indiana Association of Cities and Towns. Ken Harwerd, Executive Director, Association of Idaho Cities .lester Haitko, Mayor, Willmar, Minnesota - Jim Higdon, Executive
Director, Georgia Municipal Association _ Ruth Hopkins, Councilmember. Prairie Village, Kansas - Tad Jennings, MayoL BreMon, AlabamiJ - Ronald loveridge, Mayor, Riverside, California. Joseph Maestas,
Councilor, Espanola, New Mexico. Michael McGlynn, Mayor, Medford, Massachuselts. James Mitchell, Jr.. Council Member, Charlotte, North Carolina - Joe Moore, Alderman, Chicago, Illinois - Ed Oakley,
Councilmember, Dallas, Texas _ Margaret Petarson. Councilmember At Large, West Valley City, Utall - Dottie Raeder, Mayor, Seminole, Florida - Terry Riley. Council Member, KiJnsiJS City, Missouri - John Russo,
City Attorney, Oakland, California. Ron Schmitt. Council Member, Sparks, Nevada - Doug Scott, Mayor, Rockford, lIIinuis -Liberato Silva, Vice Mayor, Flagstaff, Arizona. Shep Stahel, Mayor Pro Tem, Piano,
Texas. Charlote Tavares, Council Member, Colurnbus, Ohio _ Ted Tedesco, Mayor, Ames, Iowa - Dick Traini, A~~emhly Chairman, Anchorage, Alaska - Jacques Wigginton, Councilmember, Lexington, Ken1uc~y
-Evelyn Woodson, CounGilor, Columbus, Georgia
~(P-ll- I
NATIONAL LEAGUE OF CITIES
2005 CONGRESS OF CITIES
CHARLOTTE, NORTH CAROLINA
Number of Votes - Annual Business Meeting
Direct Member Cities
Article IV, Section 2 of NLC' s Bylaws specifies the number of votes that each direct
member city of the National League of Cities is entitled to cast at the Annual Business
Meeting at the Congress of Cities. All member cities are required by the Bylaws to cast
unanimous votes
CITY POPULATION (per 2000 Census) NUMBER OF VOTES
Under 50,000 I vote
50,000 - 99,999 2 votes
100,000 - 199,999 4 votes
200,000 - 299,999 6 votes
300,000 - 399,999 8 votes
400,000 - 499,999 10 votes
500,000 - 599,999 12 votes
600,000 - 699,999 14 votes
700,000 - 799,999 16 votes
800,000 - 899,999 18 votes
900,000 and above 20 votes
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Lorraine Bennett
From:
Sent:
To:
Subject:
Zaneta Mayor's Office
Wednesday, September 07, 200510:33 AM
Lorraine Bennett
Mobilehome Review
Mayor Padilla has approved Mr. Steve Epston's continued service on
the above Commission.
Thanks,
Zaneta
Zaneta Salde Encarnacion
constituent Services Manager
Office of the Mayor
City of Chula Vista
(619) 691-5044
1
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
'Ili AUG 24 P12:27
CITY OF CHULA VIS: [,_
CITY CLERK'S OFF;C;~
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23, 2005
Board of Appeals & Advisors
~. ._', ...___.._..."." _.__"_.__._.""".L.....,.__,_~_.~__, ._.._ ..._
._...,~..._-_......__.__...... ,..... "..,-,
Mayor Padilla has nominated Ms. Angela Brill and Mr. Jan Buddingh for appointment to
the Board of Appeals & Advisors. Please place this on the !.ug113t J-eth City Council
agenda for ratification. .~, \ 1. ~
!fyou have any questions, please fee! free to contact me at 58!2.
Thank you for your assistance.
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
'(5 AUG 24 P!2 :27
CITY OF CHULA VISTA
CITY CLERK'S OFFICi:
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23, 2005
Charter Review Commission
- ,"- -",~..".._-,._..-.. .._--~," --.-
Mayor Padilla has nominated Ms. Norma Toothman for appointment to the Charter
Review Commission. Please place this on the ,\Ugt13t 30th City Council agenda for
ratification. ~. \:l-tv-
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
1!i AUG 24 P12:27
CITY OF CHULA VISIt,
CITY CLERK'S OFFiCi:'
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23, 2005
Commission on Aging
._..__._.__.._._--_.._..__.__..."_._----_._._.~---.__.-----------...-....---.--.-.------.-.-"'--.---- .-...---".-.
Mayor Padilla has nominated Ms. Ann Perry for appointment to the Commission on
Aging. Please place this on the .^,aguat Jrt City Council agenda for ratification.
~'I-.\a'-
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
'(fi AUG 24 P12 :27
CITY OF CHULA ViST'"
CITY CLERK'S OFF!!:':
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23, 2005
Cultural Arts Commission
-,........ .-""'.'- .~. ,-".--
Mayor Padilla has nominated Ms. Tiffany Vinson, Mr. Ron Bolles, and Mr. Richard
Wedin for appointment to the Cultural Arts Commission. Please place this on the Mgam~. \'i.~
.J{)th City Council agenda for ratification.
If you have any questions, please feel rree to contact me at 5812.
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
15 AUG 24 Pl2 :27
CITY OF CHULA ViST;
CITY CLERK'S OFfT .
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23,2005
Design Review Committee
._-- ,.-.-'
-,_..~-_..,.. ----,.--..-
Mayor Padilla has nominated Ms. Yolanda Calvo and Mr. David Bringas for appointment
to the Design Review Committee. Please place this on the ~Jt 30th City Council
agenda for ratification. . \3"('-..
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
'05 AUG 24 Pl2 :27
GI1Y OF GHULA ViST t,
CITY CLERK'S OFFIL
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23,2005
Growth Management Oversight Commission
.. ,_ .__,,__"_._,__~___,_'~',._' ___,_.___~__._________.___~ ..-..... ._,.._..... _.__B_
Mayor padil~a h nominated Mr. Matthew Wa%rs to fill the vacancy left by Gary
c ve.~ ~re"Sltt.'~\JC
N ordstrom"on t e ~ ~anagement Oversig t Commission. He would also like to
nominate Mr. Joe Little for appointment to fill the Eastern Territories Vacancy. Please
place this on the Allgust 3 gth City Council agenda for ratification.
~.\"'~
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
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RECEiVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
U5 AUG 24 P12:27
CITY OF CHULA VIS! t.
CITY CLERK'S OFFICE
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23, 2005
Housing Advisory Commission
-..-.........-.."'-,.---,,.,-.-..........-...-.-,...---..
. ""___"_,_,'_.,.__..~__.~ "", ""~ .__. '._ ~~____,~._. ~_,_._,.,.__ ..Nu.~""
Mayor Padilla has nominated Ms. Armida Martin del Campo to fill th~m:p~t1Josition,
vacated by Joanne Clayton, on the Housing Advisory Commission. Ms. Martin del
Campo is currently serving on the commission as an Ex-Officio. Please place this on the
,\1:lgU3t JOth City Council agenda for ratification.
~.\~.......
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
tv
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
u; AUG 24 P 2 :39
CITY OF CHULA ViS T.
CITY CLERK'S OFFICr'
To:
Date:
Subject:
Lorraine Bennett
August 24, 2005
International Friendship Commission
"~-"'~
Mayor Padilla would like to nominate Ms. Aya Ibarra for appointment to the
International Friendship Commission.
~.\'!.,
Please place on the AUlSuol 3D, 2005 Council Agenda.
If you have any questions or concerns, please call me at x5812
Thanks!
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RECEIVED
MEMO from
Zaneta Salde Encarnacion
Constituent Services Manager
\Jj AUG 24 PI2:27
CITY OF CHULA VIS1 ~
CITY CLERK'S OfFIC;:
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
August 23,2005
Appointment to International Friendship Commission
..,--,-~--.,.,--_._---
---_.~-----_.__._.....
Mayor Padilla has nominated Ms. Rita Legaspi to fill the vacancy left by Ms. Melanie
Stuart-Em~ on the International Friendship Commission. Please place this on the
i\!ig-ast 30th City Council agenda for ratification.
~, \~I:'-
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
~
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RECEIVED
'ffi SEP -8 A11 :09
MEMO from
Zaneta Salde Encarnacion.
Constituent Services Manage
CITY OF CHULA VIS: ,'.
CITY f'LFRK'" ",-._".,
v '- ..) IT"(:',~:
To:
Date:
Subject:
Lorraine Bennett, Deputy City Clerk
September 7, 2005
Resource Conservation Commission
._"..,._ .___^.M._.><__".._....._
..-.-.......-...-. ,.-_.,-",_.,.._-'.-
Mayor Padilla has nominated Ms. Georgie Stillman and Mr. Eric Mosolgo for
appointmel(t to the Resource Conservation Commission. Please place this on the
September 7th City Council agenda for ratification.
If you have any questions, please feel free to contact me at 5812.
Thank you for your assistance.
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SUPPLEMENTAL AGENDA
JOINT MEETING OF
REDEVELOPMENT AGENCY / CITY COUNCIL
OF THE CITY OF CHULA VISTA
September 13,2005
6:00 P.M.
The following item will be heard in addition to the items listed on the previously
posted agenda:
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
7. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Redevelopment Agency Executive Director
.>uclare under penalty of perjury that I am
"nployed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
Dated q h (0'5 Signedexh jj LL.j;L; lAb,.